Journal articles on the topic 'Collective termination of labour legal relationship'

Would a codification of labour law — in the Continental meaning of the word, and not a mere consolidation of existing statutes — enhance the development of this field of law ? Would the resulting instrument be likely to generate more appropriate ways of dealing with labour situations, whether or not they pertain to a collective bargaining context ? Adjective as well as substantive law would have to be involved in such an exercise. The latter aspect raises the fundamental issue of the proper relationship between the general law — civil law essentially — and labour law. What degree of autonomy is necessary to the integrity of the specialized law ? Conversely, to what extent is the general law to be relied upon to provide the necessary second-line set of legal provisions ? For instance, the two sets of legal rules entertain different views as to the termination of the employment relationship and as to the effect of a collective agreement. A well-integrated body of labour law should, in the author's opinion, govern comprehensively labour situation. The codifying process would also aim at eliminating internal discrepancies and a simpler, more accessible legal subsystem would emerge. As to the adjective aspects of labour law, the identification of desirable forms of third-party intervention relating to both collective bargaining and labour standards legislation could lead to appropriate jurisdictional arrangements. In the case of industrial conflicts, of particular interest are the flexible powers of intervention with which the Canada and British Columbia labour boards are endowed. Consideration should also be paid to certain European models — namely the Conseil de prud'hommes — which allow both conciliation and adjudication to take place in the solving of normative law conflicts of application. A full-fledged Labour Code would indeed invite the setting up of a more authentic Labour Court.

In a work relationship such as other legal relationships it does not always run smoothly,because the wishes of one party (generally workers) cannot always be fulfilled by otherparties (employers), so that this will cause problems in work relationships such astermination of employment (layoffs) ) the formulation of the problem in this study are: 1.What factors cause the termination of employment (FLE) to permanent employees. 2.What is the legal effect if there is a termination of employment (FLE) against permanentemployees according to Law Number 13 of 2003. This study uses a type of normativeresearch, namely research by examining library material or secondary data. Factors thatcaused employers to lay off workers / laborers according to Law No. 13 of 2003 are: a)violations of work agreements, company regulations, and collective labor agreements. b) Violations or serious mistakes. c) Employees are detained by the authorities. d) Due tochanges in company status. e) because the company is closed. e) Because workers arecaught in a criminal case. f) Because the company is closed. g) bankrupt company. h)Workers are absent from their jobs. The legal consequences of termination of employmentwith workers / laborers according to Law No.13 / 2003 in Article 156 paragraph (1) areto give obligations to employers to provide; a) Severance pay, b. Working period awardmoney (service fees). C. Reimbursement of rights. D. Separate money.

Humans as social creatures always work, either endeavored alone or work with others in meeting their needs, which then gave birth to work relationships. The working relationship in the journey does not always run harmoniously but there are often disputes that sometimes end with the termination of employment (PHK), as happened in the Supreme Court Decree No: 788k/Pdt.Sus-PHI/2018, where the company laid off workers against and provide compensation for layoffs based on collective agreements and are not guided by the provisions of layoffs in Law No. 13 concerning Manpower.The method of approach used is normative juridical, with research specifications analytical descriptive. The results showed that the joint agreement applied by the Supreme Court Judge as a legal basis in resolving cases, defects an objective requirement that is violating the halal causal conditions, because it regulates layoff compensation whose value is not under the provisions of Article 156 paragraph (1), (2), (3) and (4) the Manpower Act, thus violating the legal conditions of the agreement in Article 1320 of the Civil Code, therefore the agreement is invalid and has no legal force. Besides, the work period of workers with companies based on PKWT should legally change to PKWTT as stipulated in Article 59 paragraph (7) of the Manpower Act.Keywords: Compensation, Work termination, Joint Agreements.

The objective of the foregoing article is an analysis of the rights which the Polish legislature granted to self-employed trade union activists after the extension of coalition rights to these persons. In this regard, the trade union law extended to self-employed persons working as sole traders protection, which until 2019 was reserved exclusively for employees. Pursuant to the amendment of July 5, 2018, self-employed trade union activists were granted – based on international standards – the right to non-discrimination on the basis of performing a trade union function, the right to paid leaves from work, both permanent and ad hoc in order to carry out ongoing activities resulting from the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. the exercise of a trade union function, and the protection of the sustainability of civil law contracts which form the legal basis for the services provided. The author positively assesses the very tendency to extend employee rights to self-employed persons acting as union activists. However, serious doubts are raised by the scope of privileges guaranteed to non-employee trade union activists and the lack of any criteria differentiating this protection. Following the amendment of the trade union law, the legislator practically equates the scope of rights of self-employed trade union activists with the situation of trade union activists with employee status. This is not the right direction. This regulation does not take into account the specificity of self-employed persons, who most often do not have such strong legal relationship with the employing entity as employees. The legislature does not sufficiently notice the distinctness resulting from civil law contracts, which form the basis for the provision of work by the selfemployed the separateness resulting from civil law contracts, which constitute the basis for the performance of work by the self-employed. According to the author, the scope of rights guaranteed de lege lata to self-employed union activists constitutes an excessive and unjustified interference with the fundamental principle of freedom of contract on the basis of civil law employment relations (Art. 3531 of the Civil Code). From the point of view of international standards, it would be enough to ensure the right of these persons to non-discrimination on the basis of performing a trade union function; the right to unpaid temporary leaves from work in order to perform current activities resulting from the performed trade union function; the right to high compensation in the event of termination of a civil law contract with a self-employed trade union activist in connection with the performance of his functions in trade union bodies and full jurisdiction of labour courts in cases arising from the application of trade union law provisions. The disadvantage of the regulation at issue is also that Polish collective labour law does not in any way differentiate the scope of the rights and privileges guaranteed to self-employed trade union activists, ensuring the same level of protection for all. In that area, it appears that the legislature de lege ferenda should differentiate the scope of that protection by referring to the criterion of economic dependence on the hiring entity for which the services are provided.

<p>Lack of court protection for officers whose current service relationship is substituted with a form that is less beneficial – an employment relationship, should be seen as a violation of their right to trial. A labour court, by definition, is not an appropriate court when it comes to cases of entering into or the termination of service relationships having a legal and administrative character. This court can judge cases concerning the employment relationship of an employee but fundamentally does not have jurisdiction to assess the establishment and termination of a legal and administrative relationship. Therefore, sending customs officers to labour courts causes the transformation of a service relationship into an employment relationship to slip out of court control.</p>

Accurately installed procedural and process mechanism of realization of norms is necessary for achievement of expected result at permission of collective labour disputes, in this regard in article various approaches of scientists to concept of process and procedure are considered. The axiom of procedural legal relationship on permission of collective labour disputes is allocated. As a scientific hypothesis authors make offers concerning an integration of universal legal procedures pro­perly in the form of serving norms in legal relationship about individual and collective labour disputes.

This article focuses on the procedural norms concerning antidiscrimination and labour rights protection. By analyzing concrete legal norms, the authors attempt to address the key question: what is the appropriate way of ensuring legal protection for victims of unlawful termination due to discrimination? The fact is that two different legal procedures contain different rules about time limit for initiating civil proceedings, filing a claim or motions, as well as didderent rules on the burden of proof. These complex issues have been insufficiently addressed in theory and practice. For the purpose of overcoming this problem, the authors provide an insight into the comparative law solutions which may be used as guidelines in prospective legislative efforts and adjusted to the specific features of the legal system in the Republic of Serbia.

The article deals with the issue of asserting the rights and interests of all employees who enjoy the representation of trade union organisations in their disputes with the employer. The aim of the article is to give a detailed presentation of issues related to collective labour disputes. To achieve this aim, the stages at which the rights and interests underlying collective labour disputes are presented in detail. This study employs the dogmatic-legal method. The author carries out an analysis and interpretation of the provisions relating to collective labour disputes in the field of labour law. It was vital to examine the legal norms established by the legislator. A description and systematisation of the applicable legislation was also conducted. Issues relating to the resolution of collective disputes in the workplace are presented theoretically with a detailed discussion of the specific stages. This presented work is divided into four parts. The first presents the basic notions related to collective labour disputes. The sections that follow present the problems involved in the particular stages of claims enforcement based on employment relationship, i.e. bargaining, mediation, and arbitration. The rules for joining specific stages of resolving the above mentioned disputes were also discussed. To a large extent, the issues elucidated here bring the reader, and above all entities involved in collective labour conflicts, closer to the methods of asserting their own rights and interests.

THE SPECIAL PROTECTION OF EMPLOYMENT RELATIONSHIP ON THE BASIS OF APPOINTMENTRESULTING FROM THE LABOUR CODEThe subject matter of this study is an analysis of the legal mechanisms resulting from the provisions of the Labour Code which concern the special protection of an employment relationship which is based on appointment, regarding both their subjective scope as well as the terms of the correctness of their applications by the appellant the employer. Among the ways of establishing an employment relationship, appointment stands out by providing the smallest degree of stabilization, not only because of the scope of the claims that recalled employees are entitled to and the lack of the possibility of applying the usual modes of conduct for the termination of an employment contract, but also because of the nature of the special protection, which allows for the appointed employee to be recalled and poorly protects against the termination of the employment relationship. Measures for the protection of an employment relationship on the basis of appointment, resulting from the provisions of the Labour Code, have a limited subjective range. The legislature has also resigned from an absolute ban on the termination of an employment relationship and allows only the extension of the duration of the existing relationship or the continuation of an employment with the previous employer, but on a different legal basis.

Summary The Author contends that the legal framework which has developed in Canada to deal with collective bargaining has been less favourable to the emergence of strong unions and effective collective bargaining than in the American case. This is explained better by fortuitous (and notably constitutional) circumstances than by calculated policy decisions. Canadian pragmatism in this field has led to a relatively massive State intervention which has strongly affected the basically unstable power relationship between labour and management. And the trend is increasing.

The relationship between collective agreements and competition rules is a topic of utmost importance for labour organisations all over Europe. Collective agreements are sheltered from competition rules in four cases decided by the European Court of Justice. In EFTA Court case E-08-00 the Norwegian Labour Court questions whether collective labour agreements could be under competition scrutiny if the employer side can be considered as undertakings or whether the exemption is a material exclusion where negotiating Social Partners are sheltered from competition rules regardless of their legal status.

When assessing the personal work relationship in Austria, first the contractual relationship needs to be scrutinised. Following the differentiation between employees, semi-dependent workers (with the sub-category of employee-like working persons) and businesspersons, all, only some, or none, of the statutes and laws falling under the category of ‘individual labour law’ (e.g. Working Hours Act, Holidays Act etc) apply. Collective bargaining agreements, providing, amongst others, for minimum wages (N.B. there is no statutory minimum wage in Austria), can be concluded for employees only, though (with very few and specific exceptions for persons in the media sector). This paper analyses the legal situations of the different categories of working persons and critically assesses the non-application of most labour laws, including collective bargaining agreements, to employee-like working persons. It questions whether, from a teleological point of view, a different assessment would be necessary.

The nature of work arrangements in the film industry and the professional characteristics of cultural workers involved in film production impact the legal qualification of these workers. They highlight the difficult task of classifying actual work arrangements in one specific legal category: either an “employment relationship” or a “contract for services relationship”. If adequate legal frameworks are not in place to capture the reality of those work arrangements properly, the legal qualification may lead to uncertainty detrimental to workers’ access to collective representation. This uncertainty opens the door to work conflicts and contestations of different types. This paper builds a dialogue between two disciplines, legal analysis and cultural labour analysis, by comparing two locally embedded case studies: the “Hobbit Law” in New Zealand and the “Spiderwick Case” in Quebec (Canada). Firstly, we outline our theoretical and methodological approach, drawing on literature on cultural labour studies as well as legal analysis. Secondly, we compare the legal status of cultural workers and collective representation within each of our cases. Thirdly, we present full accounts of the chronology, conflicts and contestations within our two cases, as well as outlining the legislative outcomes in each. And finally, in comparing these cases, we illustrate the difficulty of legally qualifying these relations, the uncertainty this engenders and the differing impacts these difficulties have had on collective action in each industry. We emphasize that each case, with their vastly differing outcomes, provides evidence of both the inclusion of cultural workers within the boundaries of specific legislation fostering collective representation of artists (in the Spiderwick Case) and the exclusion of cultural workers from the boundaries of labour legislation enabling collective representation of employees (in the Hobbit Case). This is telling because these cases both took place in a location attracting Hollywood’s productions and, for both, this power of attraction remains crucial for the local industry. Understanding the impact of local cultural work regulation in the context of major global productions still lacks sustained attention and in this paper, we build a dialogue between our two cases to begin to remedy this.

This article considers the future development of the constitutionalization of labour rights, in particular non-discrimination rights and collective labour rights, within the European Union's legal order following the entry into force of the Lisbon Treaty and in light of the EU's impending accession to the Council of Europe. The accession throws a spotlight on the relationship between the European Court of Human Rights (ECtHR) and the Court of Justice of the EU (CJEU). The two courts' respective interpretations of certain labour rights contain elements of overlap and, in some respects, conflict which will presumably have to be reconciled under the new legal order within which the courts will find themselves. It is argued that the constitutionalization of labour rights would offer some important protections that should be fundamentally guaranteed and thus available to all workers but which are under threat due to transnational changes resulting from globalization. Furthermore, as the case law analysis demonstrates, the traditional hierarchy of rights by which civil and political rights were prioritized over their economic and social counterparts, has given way to an EU legal order whereby the economic imperative remains paramount, with social provisions, in the context of labour rights, subjugated and subject to further divisions.

The spread of non-standard forms of work, including platform work, has created some friction between labour law and competition law, in particular concerning the collective bargaining of self-employed workers. This article aims to suggest a different, complementary rather than antagonistic, relationship between competition law and labour law. It initially explores the legal construction of the antagonistic relation between labour law and competition law, which is based on the conceptualisation of the two areas of law as separate and isolated legal fields. It explains that such conceptualisation is problematic as it leads to the risk of fundamental conflicts between the two disciplines and some uncertainty as to their respective scope, with the result that the level of labour protection may suffer. This calls for breaking the dichotomy and for ensuring a continuum of protection for various forms of labour, under both labour law and competition law. It thus puts forward concrete suggestions as to the strategies to be followed in order to achieve this goal.

Resumen: En el período de referencia no hay nuevas quejas “abiertas” o “en seguimiento” ante el Comité de Libertad Sindical que afecten al Estado español. Tampoco el Informe del Comité de Libertad Sindical núm. 387, adoptado en su 334.ª reunión (Ginebra, 25 de octubre – 8 de noviembre de 2018) refieran alguna problemática en relación al Reino de España.Ocho sentencias del TEDH son objeto de comentario, seis que afectan directamente al estado Español, y otras dos, relativas a la influencia de la ética religiosa en el empleo y al devengo de las vacaciones no dis­frutadas por fallecimiento del trabajador que pueden iluminar algunos aspectos de la legislación nacional.La primera sentencia analizada del Tribunal de Justicia es la del 11 de julio de 2019 [asunto: C-60/17]. Somoza Hermo c. Esabe Vigilancia en un supuesto de subrogación contractual en transmisión de empresas por imperativo del convenio colectivo. Se trata comprobar si es posible que el convenio colectivo limite la responsabilidad solidaria característica de la normativa comunitaria en supuestos de transmisión de empresas. La STJUE de 25 de julio de 2018 [asunto: C-96/17]. Vernoza Ayovi c. Consorci Sanitari analiza el sistema singular del sistema de extinción de los contratos de trabajo de los trabajadores indefinidos no fijos y su acomodación a la normativa comunitaria.En la STJUE de 7 de agosto de 2018 [asunto: C-472/16]. Colino Sigüenza c. Ayuntamiento de Va­lladolid se aborda el problema de la si existe una transmisión de empresa cuando una empresa continua con una actividad tras el cese de la anterior empresa en una adjudicación pública (escuela municipal de música) si ha existido un tiempo sin actividad por parte de ninguna empresa.La STJUE de 11 de septiembre de 2018 [asunto: C-68/17]. IR c. JQ, en un asunto que no afecta a España, analiza si las actividades profesionales cuya ética se sustenta en la religión pueden discriminar a un trabajador por haberse vuelto a casar sin haber anulado el anterior matrimonio. De lo que se trata es de averiguar qué requisitos y bajo qué condiciones es legítimo imponer que determinados trabajadores profesen la ética de la entidad religiosa para la que trabajan.La STJUE de 19 de septiembre de 2018 [asunto: C-41/17]. González Casto c. Mutua Umivale, sí afecta al ordenamiento español. Se trata de determinar si la evaluación de riesgos en el trabajo nocturno debe ser predicable de trabajadores que efectúan trabajo a turnos en los que alguno de ellos, efectiva­mente puede ser en horario nocturno, especialmente en aquellos casos en los que la trabajadora ha soli­citado la prestación por riesgos durante la lactancia natura.En la muy interesante S TJUE de 6 de noviembre de 2018 [asuntos acumulados: C-569/16 y C-570/16]. Stadt Wuppertal y V.W c. M.B. se analiza, para el ordenamiento jurídico alemán, qué ocurre con el disfrute de las vacaciones anuales retribuidas de aquellos trabajadores que no pudieron disfrutar de ellas aunque ya había trabajado tiempo suficiente para devengar una parte sustancial de las mismas. Como resolución singular para nuestro ordenamiento debe citarse la S TJUE de 21 de noviembre de 2018 [asunto: C-619/17]. Ministerio de Defensa c. Diego Porras II, que versa sobre la indemnización que procede por terminación de un contrato de interinidad.La STJUE de 21 de noviembre de 2018 [asunto: C-245/17]. Viejobueno y Vara c. Consejería de Educación aborda una problemática muy específica, la finalización de la relación laboral del docente al acabar el curso académico, y la discriminación que sufrirían los trabajadores por no disfrutar las vaca­ciones anuales retribuídas.En el ámbito del TEDH se ha reseñado la sentencia de 6 de noviembre de 2018 en el Asunto: Vicent del Campco c. España (demanda núm.: 25527/13), sobre responsabilidad patrimonial de la ad­ministración y acoso en lugar de trabajo. En un procedimiento para la exención de la responsabilidad de la Administración (educativa, en este caso) por no haber evitado una situación de acoso laboral en el trabajo se condena a la Administración a satisfacer una determinada cantidad económica a una víctima de acoso. Pero el Tribunal identifica al acosador por su nombre y apellidos y relata de manera detallada las circunstancias del caso. El acosador no sólo no había sido parte en el procedimiento Contencioso-Administrativo, sino que tampoco tenido conocimiento de la tramitación de dicho procedimiento. Se entiende perjudicado y acude al TEDH solicitando la reparación de su derecho pues entiende que se han vulnerado su derecho a la vida privada y familiar (art. 8) y su derecho a un proceso justo (art. 6).Palabras clave: convenio colectivo, transmisión de empresas, trabajador indefinido no fijo, ad­judicación de servicio público a otra empresa, discriminación por motivos religiosos, trabajo a turnos, trabajo nocturno, prevención de riesgos laborales, riesgo durante la lactancia natural, vacaciones anuales retribuidas, fallecimiento del trabajador, contrato de interinidad, indemnización por finalización de con­trato, funcionarios docentes interinos, extinción objetiva del contrato de trabajo por falta de necesidades docentes, responsabilidad patrimonial de la Administración, procedimiento Contencioso-Administrati­vo, acoso en lugar de trabajo.Abstract: In the reference period, there are no new “open” or “follow-up” complaints before the Committee on Freedom of Association that affect the Spanish State. Nor does the Report of the Commit­tee on Freedom of Association, No. 387, adopted at its 334th meeting (Geneva, October 25 - November 8, 2018) refer to some problems in relation to the Kingdom of Spain.Eight judgments of the ECHR are subject to comment, six that directly affect the Spanish state, and two others, relating to the influence of religious ethics on employment and the accrual of holidays not enjoyed due to the death of the worker that can illuminate some aspects of the national legislation.The first judgment analyzed by the Court of Justice is that of July 11, 2019 [case: C-60/17]. So­moza Hermo c. Esabe Surveillance in a case of contractual subrogation in the transfer of companies by virtue of the collective agreement. The aim is to check whether it is possible for the collective agreement to limit the joint and several liability that is characteristic of Community legislation in cases of transfer of companies.The S TJUE of 25 July 2018 [case: C-96/17]. Vernoza Ayovi c. Consorci Sanitari analyzes the sin­gular system of the system of extinction of the work contracts of undefined non-fixed workers and their adaptation to the community regulations.In the SJJE dated 7 August 2018 [case: C-472/16]. Colin Sigüenza c. Valladolid City Council addresses the problem of whether there is a transfer of company when a company continues with an activity after the cessation of the previous company in a public award (municipal music school) if there has been a time without activity by any company.The SJJE of 11 September 2018 [case: C-68/17]. IR c. JQ, in a matter that does not affect Spain, analyzes whether professional activities whose ethics are based on religion can discriminate against a worker for having remarried without having annulled the previous marriage. What it is about is to find out what requirements and under what conditions it is legitimate to impose that certain workers profess the ethics of the religious entity for which they work.The S CJEU of 19 September 2018 [case: C-41/17]. González Casto c. Mutua Umivale, does affect the Spanish legal system. The aim is to determine if the assessment of risks in night work should be pre­dicable of workers who work shifts in which some of them can actually be at night, especially in those cases in which the worker has requested the benefit for risks during lactation natura.In the very interesting S TJUE of November 6, 2018 [cumulative matters: C-569/16 and C-570/16]. Stadt Wuppertal and V.W c. M.B. it is analyzed, for the German legal system, what happens with the enjoyment of paid annual holidays of those workers who could not enjoy them even though they had already worked enough time to earn a substantial part of them.As a singular resolution for our ordinance, the SJJEJ of November 21, 2018 [case: C-619/17] must be cited. Ministry of Defense c. Diego Porras II, which deals with the compensation that comes from the termination of an interim contract.The S TJUE of 21 November 2018 [case: C-245/17]. Viejobueno y Vara c. The Ministry of Education addresses a very specific problem, the termination of the teacher’s employment relationship at the end of the academic year, and the discrimination suffered by workers for not enjoying the annual paid vacation.In the field of the ECHR the sentence of November 6, 2018 in the Subject: Vicent del Campco c. Spain (demand no .: 25527/13), on property liability of the administration and harassment in place of work. In a procedure for the exemption of the responsibility of the Administration (educational, in this case) for not having avoided a situation of labor harassment at work, the Administration is condemned to satisfy a certain amount of money to a victim of harassment. But the Court identifies the harasser by his first and last name and tells in detail the circumstances of the case. The harasser not only had not been a party to the Contentious-Administrative proceedings, but also had no knowledge of the processing of said procedure. The injured party is considered to be in the ECHR requesting the reparation of his right, since he understands that his right to private and family life has been violated (Article 8) and his right to a fair trial (Article 6).Keywords: collective agreement,transmission of companies, indefinite worker not fixed, adju­dication of public service to another company, discrimination on religious grounds, night work, pre­vention of occupational hazards, risk during breastfeeding, paid annual holidays,death of the wor­ker, interim contract, compensation for termination of contract, temporary teaching staff,objective termination of the employment contract due to lack of teaching needs, management liability of the Administration,contentious-Administrative Procedure, harassment in the workplace.

Establishing an employment relationship involves acquiring or assuming certain rights, duties and responsibilities for both parties in the employment relationship, in accordance with the law, the collective agreement, the employer's general administrative acts, and the employment contract. An employment relationship involves not only the parties' rights and duties but also their responsibility. Responsibility can be of legal and non-legal nature. Legal responsibility (liability) is of greater importance for the employees. On the whole, legal responsibility may be disciplinary, material, administrative (for misdemeanors), economic (for economic offenses) and criminal in nature. The subject matter of labour law includes only disciplinary and material liability of the employee, while other types of legal responsibility are the subject matter of other legal disciplines. Although the former labour legislation of the Republic of Serbia regulated the disciplinary liability of the employees in detail, such practice has been completely abandoned in the new Labour Act, which only regulates the summary dismissal procedure. Unlike the Labour Act, the Civil Servants Act contains numerous provisions on the disciplinary and material liability of civil servants. This Act also regulates procedural issues regarding the rules for initiating and conducting a disciplinary proceeding, entering disciplinary sanctions in or removing them from the personnel files, etc. In this paper, the author analyzes disciplinary liability by examining the specifics of substantive and procedural norms for establishing this form of liability in the general and special employment relations regime. From the aspect of the rule of law, the author provides a critical analysis of such legislative solutions and considers their legal justification.

International legal provisions provide for human rights and freedoms, and the freedom of expression and the right to work belong to these. Considering that during any employment relationship disputes can arise between the involved parties, international legal provisions state that a strike as the final means for the settlement of a dispute can be used. Paragraph 108 of the Satversme (the Constitution of Latvia) provides that in Latvia, employed people have the right to strike. Systematically, the provisions of the Constitution are being regulated by the Labour Dispute Law and the Strike Law. It might seem that in Latvia, any employed person has been entitled to the right to strike as provided by the Satversme. However, the strike of general practitioners in summer 2017 highlighted the problem of executing strikes. Firstly, at the time being, the right to strike can only be associated with one form of employment, i.e., employment relationship. As only a part of general practitioners is employed on the basis of an employment agreement, the strike regulatory framework that is in force in Latvia can be used only by a part of general practitioners employed under an employment agreement in order to protect their collective interests. Secondly, the Labour Dispute Law provides for that a strike as the final means can be used exclusively for the protection of collective interests (within the framework of concluding a collective agreement), but not within the framework of a contract governed by public law. The strike by general practitioners showed that Latvia has complied only partially with international legal provisions because a strike can only be used by people employed under employment agreements and only in disagreements regarding a Collective agreement. In order to resolve this problem so that any employed person is entitled to the right to strike in the future, it is necessary to amend the Labour Dispute Law by expanding the range of labour dispute subjects. The aim: to analyse international and Latvia's regulatory framework for the right of employed people to strike and recommend necessary amendments to laws to solve detected problems. Materials used: international legal provisions and Latvian legal acts, publications and literature. Methods used in this article: descriptive, analysis, synthesis, dogmatic, induction and deduction as well as legal interpretation methods – grammatical, systemic, historical and teleological.

This paper seeks to take a look at recent labour law reforms in a number of selected CEE countries, and to examine the manner, in which the equation of standard employment relationship and the dynamics of collective bargaining processes have changed. The 1st section discusses the policy goals as well as drivers of legal changes, which have aff ected and guided recent labour law reforms in the sub-region. External infl uences over shaping of the new policy visions and recovery policies are also examined here. The 2nd section examines recent trends in regulating standard and non-standard employment relationship, as well as the collective agreements as determinants of working conditions and terms of employment. It also analyses the new approaches in the implementation of the guiding principles of collective bargaining, including the autonomy of the parties, and the principle of favourability. Furthermore, the 3rd section seeks to explore what the future looks like by traveling the paths opened by the works of the ILO Global Commission on the Future of Work, with a special focus on the Universal Labour Guarantee. Finally, a number of conclusions are drawn on the basis of the analysed data and policies.

This paper examines the new Labour Law of the PRC, effective January 1, 1995, in the light of current and historical conditions of labour relations in China. Provisions regarding the labour contract system and dispute resolution are discussed in greater detail. Issues related to the introduction of collective bargaining and to the relationship between trade unions and the Communist Party are also examined. In their overall assessment, the authors recognize the potential significance of the Labour Law as a major step towards the legal protection of workers' rights, but point out that its effectiveness could be undermined by the preeminent policy of economic growth, by concerns about political control, and by obstacles to full implementation.

This article analyses the contractual relationships concerning temporary agency work: specificities of the employment contract between the agency (as an employer) and worker; contractual relationship between agency and the user undertaking and the factual relationship between the user and agency workers. Concerning the employment relationship between the agency and worker, the analysis focuses on the fact that only legal subject that fulfils specific conditions can operate as an agency; further, on the duration of the employment relationship, the workplace, rights and the termination of the employment relationship. Despite the fact that the agency and the user conclude the commercial contract, those contractual parties are limited by the labour law rules that are the object of the analysis in this article. Thirdly, the article deals with the relationship between the agency worker and user, that is not formalized by the conclusion of the contract, but regulated by the labour legislation, that prescribes the workers’ rights and its impact on the user’s stable workers’ rights. The authors analyse the mentioned contractual relationships as regulated in Croatian and Slovenian labour law, as well as by EU law, giving the examples of good practice used in some European countries.

The history and political economy transition of China and Ethiopia are quite similar in many aspects. Long history, socialist transition, and legal reform can be mentioned as points of comparison. Among the legal reforms of the two countries, the labor law reform and the determination of working forces (labour forces) was quite critical in both countries that stayed in socialist sentiments though the Chinese model is still "socialism with Chinese characteristics." The opening up and reform of the two countries, the 1978 reform and opening of China and the 1991 market economy declaration of Ethiopia paved the way to shape the labour law legal regime of the two countries. Especially, the labour dispute management system of the two countries shares unique commonalities. The involvement of arbitration in labour dispute system in each jurisdiction has its own unique features. Thus, the paper tried to compare the labour law legal regime, the labour law dispute management system, and the current labour issues of China and Ethiopia. The findings indicate that there are many similarities that the two countries share and can benefit from mutual experience sharing. But, in cases of China, the issues of collective bargaining and labour union-related rights are at their early stage of development. And the treatment of migrant workers and the law, as well as the practice of triangular relationship among the worker, the forwarding unit and receiving unit is very crucial that experience can be taken from it.

This article argues that the nature of precarious work can be grasped as the disintegration of the employment relationship which was a historical compromise concerning the distribution of cost and risks between capital and labour, in particular, along Fordist corporate boundaries, while analysing how the formal-and-informal division of labour has changed, corresponding to the change of power relations between labour and capital, focusing on Korean cases. Many legal systems fail to identify who should take responsibility for workers’ rights, by viewing individual corporate entities separately. However, labour law actors – the ‘worker’ and the ‘employer’- should be identified not in a single workplace but with reference to the whole value chain and labour market. In conclusion, it is argued that it is essential to enlarge collective labour rights, and in particular, to secure freedom of association for precarious workers beyondemployment boundaries.

Purpose: The main objective of this study was to establish whether psychological contract can be applied by the courts in case of unfair termination of employment. Methodology: The study used exploratory research design to establish whether psychological contract can be applied by the courts in case of unfair termination of employment. The study analyzed psychological contract theory from a legal perspective and how human resource practitioners, advocates and judges can incorporate it in court cases. The study used exploratory research since it intends merely to explore the research questions and does not intend to offer final and conclusive solutions to existing problems. This is because the concept has not been clearly defined yet. However, the study helps us to have a better understanding of the problem. The study relied on decided court cases, journal articles and publications and books. Results: The study found that psychological contract breaches occur when an employee perceives that an organization has failed to meet its obligation to the employee. When the breach occurs it affects the employee contribution in three forms; performance, civic virtue and intention to remain in the organization. The legal employment contract does not embrace the principles of contract law such as consideration. Unique contribution to theory, practice and policy: The legal employment contract does not embrace the principles of contract law such as consideration. The employee does not dictate the terms of the contract. Therefore, there is need to consider psychological contract theory as an input to understanding contemporary labour practices. This is because psychological contract brings in a unique way of interpreting an employment contract, understanding employment relationship and the need for policy reforms.

This article deals with the issue of extending the right to conduct a collective labour dispute to persons performing paid work under civil law contracts, after the entry into force of the Act of 5 July 2018 amending the Act on Trade Unions and Certain Other Acts (Journal of Laws 2018, item 1608). The author considers the question whether and to what extent the right to strike and to take industrial action, provided for in the Act of 23 May 1991 on Resolution of Collective Disputes (consolidated text: Journal of Laws 2020, item 123), extends to civil lawful contractors. The position is presented that the proper application of the above mentioned law to the indicated circle of work contractors cannot mean the deprivation or limitation of their right to strike and to take industrial action. The solutions implemented by the Polish legislator with regard to persons performing work outside the employment relationship are more advantageous and far-reaching in comparison with the requirements resulting from the international labour law acts binding on Poland. However, there are specific problems with applying to these persons some of the regulations included in the Act on Resolution of Collective Disputes. These problems results from the fact that the individual legal relationship between these persons and the entities employing them is based on the provisions of civil law, and not on the Labour Code.

The science of labour law distinguishes, among others, between procedural rules of law. According to labour scientists, procedural rules streamline, ensure and guarantee the process of implementing the substantive norms of labour law and determine the procedure for the activities of subjects to enforce the rights and obligations enshrined in the regulatory substan-tive norms. The subject of legal regulation is the activity of creating substantive norms of labour law and ensuring their implementation, as well as the activity of non-jurisdictional bodies involved in resolving individual and collective labour disputes. The definitions of procedural norms proposed by several authors ultimately boil down to the process of implementing the legal norm. It is therefore difficult to agree that procedural norms are a separate kind of legal norm. The separation of procedural norms is unlikely to be justified simply because any norm of labour law cannot be understood, let alone implemented, in isolation from the procedure for its application. Since the separation of procedural norms is questionable, the theory of the autonomy of labour procedural law cannot be justified. The features of the procedural rules of labour law reflected in scientific research are the features of the procedures of labour law. Procedures of labour law are part of the logical norm and are contained in its disposition. Procedures of labour law are the legal means of imple-menting substantive or procedural norms of labour law and their main objective is to maintain the law and order in the company (or individual employer). As an integral part of the rule of law and part of the mechanism of legal regulation, the procedure ensures its effectiveness. The more detailed the procedure in the rule of law is, the fewer disputes arise between the parties to the employment relationship, which has a positive impact on the results of law enforcement. Legal provisions "need" procedures for the imple-mentation of legal provisions, because it is the procedures that "animate" the provision and allow it to achieve the desired result.

This paper focusses on the relationship between technological change and the labour relations system circumscribed by the Québec Labour Code. While a teleological interpretation of bargaining rights of certified associations by labour jurisdictions seems to have dealt adequately with the impact of such changes on certification, the doctrine of residual management rights, in the context of fixed-term agreements entrenched in the Québec Labour Code, appears to be, in the opinion of the author, unduly rigid and restrictive. The Freedman Report on Railway run-through and the subsequent discussions surrounding the Woods Commission Report in the 1960's, resulted in the inclusion in the Canada Labour Code of provisions pertaining to the possible adjustment, through collective bargaining, of collective agreements in the context of such technological changes. Various provisions to the same effect have subsequently been inserted in the Labour Codes of Saskatchewan, Manitoba and British-Columbia. The Report of the Beaudry Commission recently proposed that the Québec Labour Code be similary modified by the inclusion of analoguous provisions. The author suggests that a reform along the lines thus suggested is, in principle, desirable to ensure a more equitable adaptability of our legal categories to the imperatives of technological change.

The freedom of association in trade unions is accorded a special status in the international covenants on human rights, in ILO Conventions and in national constitutions. Moreover, trade unions are usually the sole subjects of special privileges for negotiating collective agreements, consultation and permissible industrial action. Human rights and constitutional litigation usually focus on removing obstacles from individuals’ choice to associate and on the scope of the positive right to freely associate. However, there are other fundamental aspects of the right that are more covert, which are designated as its ‘hidden components’. These include the rules regarding representative status, which crudely prescribe the relationship between trade unions and their membership. Despite the prevalence of requirements for representativeness in all national industrial relations systems, the variations are immense. This article probes into the nature of representativeness, displaying its significant effect on the ability of workers to negotiate, on the capacity of trade unions to achieve collective agreements, and on the distributive effects of such agreements. The article concludes that the constitutional dimension of representativeness must be considered, demonstrating rare instances of robust constitutional challenges and directing attention to the seemingly more mundane forms of response, legal or extra-legal, that actually shape the course of their incremental legal development. Labour Law, Trade Unions, Representation, ILO, Comparative

This article draws on empirical research that reveals the role played by farmworkers’ committees in the fruit and wine farming sectors in the Western Cape of South Africa, where trade union density is extremely low. It examines the legitimacy of these committees as a form of worker representation, with reference to relevant domestic labour legislation, common law, International Labour Organization (ILO) instruments and key private social codes, including the international Fairtrade Standard for Hired Labour. In the process, the relationship between the public and private governance instruments in the sector is considered. Farmworkers’ committees are found to fall through a regulatory gap between the different governance systems, highlighting their lack of integration and legal recognition. This is notwithstanding their potential to fill the representation gap which exists for many workers on farms. The article concludes by proposing a new approach to regulating these committees, primarily with a view to promoting more effective but still legitimate organizing and collective bargaining for all farmworkers, in the absence of representative trade unions. Freedom of Association, Collective Bargaining, Representation Gap, Low Union Density, Good Practice Farms, Western Cape Farmworkers, Fairtrade Standard for Hired Labour, South Africa

Being a multidimensional phenomenon, it is hard to confine poverty within any definitive parameters and even harder to send the word poverty back to dictionary. Poverty eradication needs both short and long term strategic interventions; policies regarding employment opportunities should also be planned in such way. As an economic strategy, deregulation targets to eliminate the regulating authorities of labour market and decrease the interference of legal aspects within the relationship between companies and individuals to a minimum level with a great decline in the cases of collective bargaining. Labour market deregulation creates ample employment opportunities for poor people especially women. This paper looks for an effective and efficient way to alleviate poverty between Urban Labour Market Deregulation and the development of micro-enterprises with a sketch of possibilities and vulnerabilities of both approaches and a comparative approach to find the best possible way within these two to remove poverty's shadow from humankind.

Abstract: This paper analyses the problems of equal treatment and discrimination in Belarus in the legal, historical and political context. While the main labour laws in Belarus concerning equal treatment appear to comply with its international obligations, in the absence of an independent judiciary and basic civil liberties, law enforcement remains a problem. The author argues that the Soviet legacy of industrial relations and the legal nihilism of that era have been taken by Belarusian authorities as a model for their policies: most unions are not independent but are controlled by the government and there is widespread discrimination against opposition activists and independent trade-union leaders. A key part of this picture is the transfer of employees to fixed-term contracts, very often concluded for one-year periods: as a result, workers are deprived of the most important legal guarantees relating to the termination of employment and non-discrimination. In his concluding remarks, the author underlines the close relationship between security of employment and discrimination in the workplace in Belarus.

Despite differing labour law systems and program structures, temporary migrant agricultural workers under the Canadian Seasonal Agricultural Worker Program and Australian Seasonal Worker Program often possess minimal security of employment rights and protections, despite potentially lengthy periods of consecutive seasonal service to the same employer. Such lesser rights and protections are partly due to the central role played by continuity of service in determining the length of reasonable notice periods and the strength of unfair dismissal protections and stand-down/recall rights. Although it is often presumed that the temporary duration of the seasonal work visa necessarily severs the legal continuity of the employment relationship, such is not the case. This article argues that security of employment rights and protections can be re-conceptualised to recognise non-continuous seasonal service within the current parameters of a fixed-term work visa. In both Canada and Australia this could be accomplished through contractual or collective agreement terms or through the amendment of labour law legislation. Such reforms would recognise a form of unpaid ‘migrant worker leave’, whereby the legal continuity of employment would be preserved despite periods of mandatory repatriation, thus allowing accrual of security of employment rights and protections.

The amendment of the Trade Union Act by the Act of 5 July 2018 amending the Trade Union Act and certain other acts (Journal of Laws, item 1608), which entered into force on 1 January 2019, redefined the essence of collective labour law. Pursuant to the aforementioned amendment, the legislator introduced into the legal system the institution of a “ person who performs paid work”, which includes both an employee within the meaning of Article 2 of the Labour Code and a person providing work for remuneration on a basis other than employment relationship (so-called non-employee). The analysis of the introduced provisions leads to the conclusion that the legislator focused on providing non-employees with substantive legal rights, such as, among others, the right of union coalition. However, in my opinion, the legislator neglected analogous scrupulosity in the area of procedural rights of non-employees, which led to a situation in which non-employees are partially entitled to the same substantive rights as employees, but do not have analogous procedural rights. In my view, this constitutes a flagrant omission on the part of the legislator which, as a consequence, leads to legal uncertainty and a lack of effectiveness of the protection introduced for non-employees.

The article looks at the outcome of the two legal proceedings in the Schüth and IR cases. In both cases employees of the Catholic Church – a choirmaster and organist in a Catholic parish and a trained physician working as Head of the Internal Medicine Department of a Catholic hospital - were dismissed because of the violation of the Basic Regulations on Employment Relationships in the Service of the Church. In the Schüth case Article 8 of the European Convention on Human Rights (ECHR), which protects the right to private and family life, had been violated. In the IR case the Charter of Fundamental Rights of the European Union and the Directive establishing a general framework for equal treatment in employment and occupation were applicable. The dismissal in IR was held to be unequal treatment in employment. But the outcome of both cases was very different. We find that Union law and in particular Article 47 of the Charter of Fundamental Rights of the European Union makes all the difference. In the Schüth case, the employment relationship was terminated and the claimant’s only consolation was a claim for damages from the State. In the IR case, on the other hand, the termination was declared invalid and the employment relationship continued, i.e. the head physician did not lose his job. The comparison of the cases demonstrates that European law, backed by Article 47 of the Charter of Fundamental Rights of the European Union, has not only permeated procedural law, it has also led to an increase in judicial reviews of substantive law which in the application of Union law is a far cry from a mere plausibility review.

Starptautiskajās tiesību normās ir iekļautas cilvēka brīvības un tiesības. Tās ietver vārda brīvību, tiesības uz darbu, tiesības apvienoties un tiesības uz streiku, ja darba tiesisko attiecību laikā pusēm rodas strīdi, u. c. tiesības. Latvijas Republikas Satversmes (turpmāk – Satversme) 108. pantā paredzētas strādājošo tiesības uz streiku kā galējo līdzekli darba strīdu risināšanai. Sistēmiski šī konstitūcijas norma tiek regulēta ar Darba strīdu likumu un Streiku likumu. Varētu šķist, ka Latvijā katram strādājošajam ir nodrošinātas tiesības streikot, kā tas paredzēts Satversmē. Tomēr ģimenes ārstu streiks 2017. gadā parādīja, ka streiku īstenošanā ir problēmas. Pirmkārt, tiesības streikot pašlaik ir attiecināmas tikai uz vienu nodarbinātības veidu – darba tiesiskajām attiecībām. Taču tikai daļai ģimenes ārstu nodarbinātības attiecības balstītas uz darba līguma pamata, tādējādi piemērot valstī spēkā esošo streiku regulējumu savu kolektīvo interešu aizsardzībai var tikai daļa ģimenes ārstu. Otrkārt, Darba strīdu likums streiku kā galējo līdzekli ļauj piemērot tikai kolektīvo interešu aizsardzībai (koplīguma noslēgšanas ietvaros), bet ne publisko tiesību līguma ietvaros. Ģimenes ārstu streiks parādīja, ka Latvijā tikai daļēji izpildītas starptautiskās normas, jo tiesības streikot ir paredzētas, bet šī norma attiecināma tikai uz tām personām, kuras nodarbinātas uz darba līguma pamata un tikai koplīguma domstarpību gadījumos. Lai risinātu situāciju un turpmāk nodrošinātu katras nodarbinātās personas tiesības streikot, nepieciešams grozīt Darba strīdu likumu, paplašinot darba strīdu subjektu loku. International legal provisions provide for human rights and freedoms, and the freedom of expression and the right to work are part of these. Considering that during any employment relationship disputes can arise between the involved parties, international legal provisions for that provide strike as the final means to be utilised for the settlement of a dispute. Paragraph 108 of the Satversme (the Constitution of Latvia) provides that in Latvia, employed people have the right to strike. Systematically, the provisions of the Constitution are being regulated by the Labour Dispute Law and the Strike Law. It might seem that in Latvia, any employed person has been entitled to the right to strike as provided by the Satversme. However, the strike of general practitioners in summer 2017 highlighted a problem of executing strikes. Firstly, at the time being, the right to strike can be only associated with one form of employment, i.e., employment relationship. As only a part of general practitioners is employed on the basis of an employment agreement, the strike regulatory framework that is in force in Latvia can be used only by a part of general practitioners employed under an employment agreement in order to protect their collective interests. Secondly, the Labour Dispute Law provides for that a strike as the final means can be utilised exclusively for the protection of collective interests (within the framework of concluding a collective agreement), but not within the framework of a contract governed by the public law. The strike by general practitioners showed that Latvia has complied only partially with international legal provisions because a strike can only be utilised by people employed under employment agreements and only in disagreements regarding a collective agreement. In order to resolve this problem and so that any employed person is entitled to the right to strike in the future, it is necessary to amend the Labour Dispute Law by expanding the range of labour dispute subjects. The aim of the article is to analyse both international regulatory framework and that in Latvia for the right of employed people to strike and to recommend necessary amendments to laws to solve the detected problems. Materials used for the compilation of the article: international legal provisions and Latvian legal acts, publications and literature. Methods used in this article: descriptive, analysis, synthesis, dogmatic, induction and deduction, graphic as well as legal interpretation methods – grammatical, systemic, historical and teleological.

Should the law support union recognition by employers? If so, what form should this legal support take? These are the questions that Alan Bogg addresses in his excellent monograph,The Democratic Aspects of Trade Union Recognition. His focus is New Labour's 1999 statutory recognition procedure for trade unions, which he situates within the historical context of the United Kingdom's distinctive approach to the relationship between labour law and the social practice of collective bargaining – aptly (and famously) named collective laissez-faire by Otto Kahn-Freund (1972). Combining political philosophy and legal analysis, Bogg argues for robust legal support for trade union recognition that preserves the autonomy of trade unions to determine their own constituency and recognises their distinctive power to strike. Inspired by the idea of deliberative democracy and an ethical commitment to freedom as non-domination, he argues that civic republicanism provides the best normative basis for trade union recognition procedures. He contrasts this normative framework with the rights-based individualism and state neutrality characteristic of the liberal approach, which, he argues, is embodied in the United States and Canadian versions of industrial pluralism. Bogg also demonstrates the ‘yawning chasm between New Labour's civic rhetoric and New Labour's liberal legal reform agenda’ (pp. 118–19) when it comes to trade union recognition procedures. He concludes by offering a series of proposals that would enhance union recognition and further the values of freedom as non-domination, democratic participation through deliberative democracy, and community.

In previous work, the authors have sought to demonstrate how a particular strand of contemporary political theory can be usefully adopted to shed valuable light on labour law. In short, the conception of ‘non-domination’ grounded in contemporary civic republican political philosophy and associated with scholars such as Philipp Pettit and Frank Lovett prescribes a sophisticated account of freedom and a socially just order. In the latter’s framework, social justice is secured when laws and policies are introduced to subject private social relationships characterized by dependency and an arbitrary imbalance in social power to a measure of external control. As a subset of a socially just order, the previous work of the authors sought to sketch out how nondomination theory could act as a justification for labour laws. This would conceptualize labour laws as a set of measures that are designed to achieve a degree of ‘non-domination’ in the employment relationship. Labour law achieves this by introducing legal and policy controls limiting the employee’s dependence on his/her employer and restricting the arbitrary power imbalance inherent in the relationship between the employer and the employee. By serving to tone down the level of arbitrary decision-making vested in the employer, the dependency of the employee on the employer, and/or by counterbalancing the degree of power wielded by the employer, it was argued that procedural and substantive labour laws such as unfair dismissal/discharge, minimum wage laws, working time controls, and collective labour and trade union rights can be perceived as measures that are consistent with a legal framework designed to secure a degree of ‘non-domination’ of the worker. In this article, the various advantages of nondomination theory as a justification for labour laws are summarized before the discussion turns to a detailed assessment of the range of objections that can be levelled at such a justificatory framework. In particular, the accusation that it is not descriptively accurate as a model, nor normatively useful as a conception for labour laws, is subjected to greater scrutiny. The article concludes with the general proposition that although Pettit’s and Lovett’s non-domination model is insufficient to act as an abstract justificatory theory for labour laws, it can act as a driver for specific labour laws; and more specifically, for a particular conception or form of labour law that promotes a distinctive set of regulatory techniques, and vision of the role and function of the central notion of the contract of employment. The primary significance of this article rests in the insight that domination-based narratives of civic republicanism have the capacity to act as a bridge between existing individual, relational, autonomous, substantive and procedural accounts of the regulation of the law of the contract of employment and political philosophy: a ‘new normativity’, albeit one that is restricted in scope.

Research on "The Ideal Concept of Establishing a Deed of Working Outsourcing of Certain Time (Study In Bank Jateng)" aims to know and analyze outsourcing agreement for certain time in Bank Central Java still cause uncertainty to employees and the ideal concept of employee outsourcing agreement certain time. This research approaches sociological jurisprudence and data collection through interviews, document studies and bibliography, as well as qualitative data analysis.Establishment of Deed of Working Agreement of Outsourcing of Certain Time in Central Java Bank has not applied the principle of freedom of full contract or using standard agreement. The employment agreement still creates uncertainty for employees because of employment agreements such as provisions requiring employees to submit an original diploma that leads to uncertain employee futures because employees do not have a chance to find another job better and there is no provision for contract renewal. In addition, there is still the influence of Central Java Bank in the work agreement between the providers of labor with workers whereas Central Java Bank is not a party to the agreement or the worker has no legal relationship with the Central Java bank. The effect is in terms of placement of labor and the termination of the employment agreement and the absence of a guarantee whether the workers will work continuously on the employment provider. Barriers to employees who have completed a certain time outsourcing agreement that is no term extension of the contract and Bank Central Java can not intervene directly on a certain time outsourcing agreement between PT Bhumi Elang Perkasa with labor security unit that is not renewed his contract period. The solution selects recruitment of contract employees who have completed certain time outsourcing agreements as permanent employees and extend the contract period in certain time outsourcing agreement in the provision of security unit personnel between PT Bhumi Elang Perkasa and Bank Jateng Ideally Employee Employee Outsourcing Working arrangements should consider the principles of the agreement, particularly the principle of freedom of contract. Although this is very difficult because of standard agreements that have been standard applied by the company because it is related and influenced by company regulations. Companies should provide a wider protection of labor to create a balanced working relationship. One effort that can be done is to provide an opportunity for the workforce to contribute to determine the contents of the agreement and or to approve or disapprove of certain things that may be done by both parties. One of the provisions that can be accommodated is the provision of the obligation to submit a diploma as a guarantee, the terms of the certainty of employment, and the working relationship between the provider of labor, the user labor and the labor itself.Keywords: Deed, Specific Time Working Agreement, outsourcing

Employment relationships may end due to abuse by workers. The existence of abuse must be medically proven. This research aimed to analyze the existence of a visum et repertum for the occurrence of abuse that can be used as evidence in termination of employment. This legal research was normative with a statutory approach. The results showed that persecution was a criminal act. There was no requirement for a judge's decision in the District Court which already had permanent legal force for the occurrence of persecution as a condition for the validity of the layoff as if the visum et repertum was no longer needed. It was enough that the acts of abuse committed by workers were regulated in the Employment Agreement, Company Regulation or Collective Labor Agreement, then the persecution as a form of an urgent violation can be used as a valid reason for the termination of employment (Article 81 number 37 of the Job Creation Law jo. Article 151 / 3 Manpower Law jo. article 52/2 Government Regulation 35/2021. The researchers’ efforts to review labor regulations related to urgent violations in the Indonesian manpower system are a form of evaluation of the weaknesses of the Job Creation Law and its implementing regulations can be able to assist legislators to develop and enforce laws that protect certain vulnerable groups namely workers in applying the principle of presumption of innocence.Keywords: Forensics; Persecution; Termination. Eksistensi Visum Et Repertum Atas Terjadinya Penganiayaan Sebagai Alat Bukti Pemutusan Hubungan KerjaAbstrakHubungan kerja dapat berakhir karena adanya penganiayaan yang dilakukan oleh pekerja. Adanya penganiayaan harus dibuktikan secara medis. Penelitian ini bertujuan untuk menganalisis adanya visum et repertum atas terjadinya penganiayaan yang dapat digunakan sebagai alat bukti dalam pemutusan hubungan kerja. Penelitian hukum ini bersifat normatif dengan pendekatan perundang-undangan. Hasil penelitian menunjukkan bahwa penganiayaan adalah perbuatan pidana. Tidak adanya keharusan putusan hakim di Pengadilan Negeri yang sudah memiliki kekuatan hukum tetap atas terjadinya penganiyaan sebagai syarat keabsahan PHK seolah mengakibatkan visum et repertum tidak dibutuhkan lagi. Cukup perbuatan penganiayaan yang dilakukan oleh pekerja diatur dalam Perjanjian Kerja, Peraturan Perusahaan atau Perjanjian Kerja Bersama, maka penganiayaan sebagai wujud telah terjadi pelanggaran yang bersifat mendesak dapat digunakan sebagai alasan keabsahan pemutusan hubungan Kerja (Pasal 81 angka 37 UU Cipta Kerja jo. Pasal 151 /3 UU Ketenagakerjaan jo.Pasal 52/2 Peraturan Pemerintah 35/2021. Upaya penulis untuk mereview peraturan perburuhan terkait pelanggaran yang bersifat mendesak dalam sistim ketenagakerjaan Indonesia merupakan bentuk evaluasi atas adanyan kelemahan UU Cipta Kerja dan Peraturan pelaksananya, akan dapat membantu legislator untuk mengembangkan dan menegakkan hukum yang melindungi kelompok rentan tertentu yaitu pekerja dalam menerapkan asas praduga tak bersalah.Kata Kunci: Forensik; Penganiayaan; Pemutusan Hubungan Kerja Наличие Visum Et Repertum в случае преследования как доказательство прекращения работы АннотацияТрудовые отношения могут прекратиться из-за жестокого обращения со стороны работников. Наличие жестокого обращения должно быть доказано с медицинской точки зрения. Это исследование было направлено на анализ наличия visum et repertum в случаях злоупотреблений, которые могут использоваться в качестве доказательства при увольнении. Это правовое исследование было нормативным с законодательным подходом. Результаты показали, что преследование было уголовным преступлением. В районном суде не требовалось вынесения решения судьей, которое уже имело постоянную юридическую силу в связи с преследованием в качестве условия действительности увольнения, как если бы в visum et repertum больше не было необходимости. Достаточно того, чтобы акты жестокого обращения, совершенные работниками, регулировались трудовым договором, регламентом компании или коллективным трудовым договором, тогда преследование как форма неотложного нарушения может быть использовано в качестве уважительной причины для увольнения (статья 81 № 37 Закона о создании рабочих мест, ст. 151/3 Закона о рабочей силе, ст. 52/2 Постановление правительства 35/2021. Усилия исследователей по пересмотру трудового законодательства, касающегося неотложных нарушений в индонезийской системе кадровых ресурсов, являются формой оценки Слабые стороны Закона о создании рабочих мест и его подзаконных актов могут помочь законодателям в разработке и обеспечении соблюдения законов, которые защищают определенные уязвимые группы, а именно работников, в применении принципа презумпции невиновности.Ключевые слова: судебная экспертиза, преследование, прекращение действия

Purpose Collective employer representation in the UK has changed in fundamental ways in recent decades. Collective bargaining has declined and instead, the authors have seen the emergence of a significant new form of collective organisation, the employer forum (EF), which promotes good corporate behaviour and typically focusses on issues of equality and diversity, social policy and community engagement. The purpose of this paper is to examine this new form of collective action through a case study on Business in the Community (BITC) Wales. It also compares this EF with traditional employers’ associations (EAs) in order to establish what is significant and distinctive about EFs. Design/methodology/approach BITC Wales is a “typical case” (Patton, 2014; Seawright and Gerring, 2008) that shares key characteristics and functions with other EFs across key analytical dimensions, and therefore provides insights into the wider population of EFs in the UK. In addition, the paper compares EFs, examined through a qualitative case study of BITC Wales, and traditional EAs, introduced and discussed in the literature review, along the same analytical dimensions. The aim of contrasting EAs with the case study on BITC Wales is to establish what is distinctive and significant about EFs and to consider the implications for employment relations in the UK. Findings The paper argues that EFs and EAs support employers in dealing with the challenges of managing the employment relationship and threats to profitability in different political contexts. The organisation of employers in EAs was a response to increasing trade union power and labour costs. EFs are helping employers to deal with a different set of challenges, including declining social cohesion in communities in which employers operate, reputational and legal risks posed by new equality and diversity legislation and expectations of good corporate citizenship by consumers and their own employees. EFs address these challenges by engaging in social projects in local communities, by promoting good corporate behaviour through benchmarking and codes of conduct, and by boosting the reputation of employers through award schemes and promotion of corporate social responsibility activities of member companies. Originality/value Previous literature has not examined EFs and their role in employment relations. This paper considers EFs as a new actor in employment relations.

The rapid development of digitalisation has tremendously changed the way business operates. In recent years, the on-demand economy or gig economy model has received positive acceptance worldwide due to its convenience and flexibility, both to business owners and consumers. More importantly, the on-demand economy offers a variety of job prospects to workers via digital platforms. These workers are known as 'virtual workers' or 'crowd workers’ are classified as 'self-employed' or 'independent contractors'. This new employment model has received much attention from the legal and human rights perspectives. The classical employer-employee relationship that is not transparent in the on-demand economy has resulted in the exclusion of liability and responsibility of platform companies to respect fundamental human rights protections of the workers. Digital platform companies are criticised for taking advantage of the weakened labour standards and protections, such as lack of collective bargaining power, inadequate social security protection, unlimited working hours, and inadequate safety and health policies at the workplace. In addition, the workers at these platforms reportedly experienced irregular payment schemes. This led to vertical inequality and discrimination between these two groups of workers. Hence, this paper seeks to explore and examine human rights protection concerning workers in the on-demand economy. Additionally, this paper will present a specific discussion on vertical inequality between the two groups of workers and thereafter recommend the need for determination of employment status for the platform workers and also the need to ensure essential human rights protections for all workers irrespective of their employment status.

Abstract In a recent ruling (Parry Sound (District) Social Services Administration Board v. O.P.S.E.U., Local 324, 2003 SCC 42), the Supreme Court of Canada states that an arbitrator has jurisdiction to hear a dispute that involves rights guaranteed by codes, charters and employment legislation even if the arbitrator has been barred from such recourse under a collective agreement. In the case at issue, an employee with probationary status benefited from maternity leave and was discharged upon her return. Despite the clarity of the wording under the collective agreement stating that a probationary employee may not resort to arbitration, a grievance was filed and was worded as follows: [Translation] “. . . was discharged without reason and this decision is arbitrary, discriminatory, unjust and vitiated by bad faith.” Owing to the rights vesting in the employee under the Employment Standards Act (Ontario), the Board of Arbitration ruled on its own jurisdiction to hear such a grievance. This decision was quashed in judicial review (Superior Court) and but was then upheld in Court of Appeal and once again by the Supreme Court of Canada (majority 7/9). The Supreme Court of Canada began by making several observations concerning the criteria of judgment applicable to judicial review, namely that which is considered patently unreasonable. An attempt was made to distinguish between an unreasonable decision and one that would be patently unreasonable. It seems to us that such a distinction remains ambiguous and further confuses the exercising of a fair judicial review; unreasonableness should not be graded by degrees. In a second approach, the ruling establishes the relationship between State standards (Codes, Charters and employment legislation) and contractual standards. Working from the basis that State standards would be incorporated into the collective agreement, the Court establishes that the limit imposed upon the collective agreement regarding access to arbitration had the practical effect of denying the right to maternity leave, elsewhere guaranteed by law. For this reason, the arbitrator had to intervene and exercise control in order to ensure respect for established standards of public order. To achieve these ends, the Supreme Court of Canada seemed to experience considerable difficulty in qualifying the collective agreement and classified it in the category of private contracts. Such a categorization, confined to the traditional “public/private” dichotomy, dismisses the true legal and desired effect seeking to make the collective agreement a regulatory labour provision complementary to statutes governing public order and intimately related to the latter. In support of his line of reasoning, Judge Iacobucci, on behalf of the majority (7/9), repeatedly referred to the ruling: McLeod v. Egan, [1975] 1 S.C.R. 517. The referrals denied under this ruling are hardly convincing and uselessly weigh down the reasoning. Moreover, Judge Major (dissenting) also referred to it and considered that Judge Iacobucci was reading into the McLeod v. Egan ruling a purport that it just does not have. In all, we believe that the codes, charters and employment legislation serve as the basis upon which the collective agreement is built and, consequently, the parties’ contractual freedom both derives from this basis and is limited thereto. This interrelation would be analogous to that of the Constitution and employment statutes, without it being possible to affirm that the Constitution would be found to be a part of each of these statutes. This ruling is especially interesting because it recognizes the employee’s right to resort to arbitration in order to ensure respect for guarantees stipulated in employment legislation, despite wording to the contrary in the collective agreement. Parties to collective agreements and arbitrators must therefore respectively correct their approach and grant access to arbitration for all employees from the very moment that their fundamental rights are jeopardized in any way.

The world of labor market and industrial relations is a field where conflicts and disputes are inevitable characteristics of the operation, regardless of the form of employment. Also, labor disputes appear both from an individual aspect, where the disputants are the employer and the employee, and in a collective respect, where the disputes take place between the employer(s) and the collective of the workers, typically represented by an employee organization (union) or a works council. When a conflict or a dispute cannot be resolved through negotiation, the law offers dispute resolution mechanisms for the participants. Therefore, several legal mechanisms have been evolved in order to resolve disputes, starting from the classical form of litigation, where a court determines the end of the dispute by its judgement, and other alternative forms of dispute resolution, such as arbitration, mediation and conciliation, where the parties can reach a decision or a settlement outside of the judicial system of the state. EU Member States have introduced various legislative rules for labor dispute resolution covering all manner of individual and collective disputes. ADR schemes are also supported by the ILO, as the ILO Recommendation No. 92 (1951) suggests that voluntary conciliation should be made available to assist in the prevention and settlement of industrial disputes between employers and workers. Within the aegis of the European Union, several instruments have emerged with the attempt to elaborate the basic principles for the operation of ADR schemes in the context of cases between businesses and consumers. The Directive 2013/11/EU on alternative dispute resolution for consumer disputes (the “ADR Directive”) and Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes (the “ODR Regulation”) ensured that consumers could turn to quality alternative dispute resolution entities for all kinds of contractual disputes with traders, and established an EU-wide online platform for consumer disputes that arise from online transactions with traders. Workplace mediation is widely and successfully utilized in the USA for solely employment purposes both in the private and the public sector. Also, in the United States is a “employment at will” doctrine prevails, that basically means – unless stipulated to the contrary by the parties – the employment relationship can be terminated with immediate effect without any justification (just cause), thus workers do not have access to legal remedies as in the EU where the statutory laws provide a broad protection against arbitrary or unjust termination. Mediation, however, provide an effective solution for employees and workers, even if situated outside the protective scope of labor law. While the role of customer/consumer ADR and mediation is increasing throughout the whole European Union, workplace and employment mediation still constitutes a “grey zone”. In many of the legal instruments of the EU and also in several products of the national legislations, consumers and workers are treated with the same legal awareness, thus protective laws compensate their weaker position in their legal relationships, but as far as the utilization and access of dispute resolution schemes are concerned, a significant but not always reasonable differentiation can be detected. Also, while mediation is an available tool for individual employment matters, still has not been utilized considerably, and remained an instrument only to resolve mostly collective conflicts. Therefore, the aim of this paper to present various styles of mediations from a comparative perspective, to express their biggest advantages and to highlight the areas where mediation could be more suitable to use in the context of the individual disputes of the workplace.

The scientific article analyses the innovations of labour legislation in order to eliminate existing gaps in the regulation of labour relations in martial law, which can lead to labour disputes. In today's reality, the current Labour Code of Ukraine does not allow to respond quickly to the challenges of the time, its rules are not able to provide flexible regulation of labour relations in martial law, so the Law of Ukraine "On the organization of labour relations in martial law" No 2136 came into force. During the period of martial law, the norms of the Labour Code continue to apply, which were not changed or repealed by Law No 2136. Due to martial law, employers and employees reformat the algorithm of their work depending on the specific circumstances. Yes, some employees can continue to work remotely. The employer may offer employees to take annual basic leave, social leave or unpaid leave for the period of martial law. Attention is paid to reporting the absence of an employee at work, the procedure for exchanging documents for the period of martial law, conscription of an employee for military service or concluding a contract. The issues of introduction of labour service in the conditions of martial law are analysed. The question is raised about the impossibility of dismissing an employee who, at the beginning of hostilities, temporarily left for another country and received refugee status there. A separate issue that needs the attention of both the scientific community and ordinary workers concerns the ban on strikes. The author's edition of part 1 of Art. 24 of the Law «On the Procedure for Resolving Collective Labour Disputes (Conflicts)»: «A strike is prohibited if the termination of work endangers the lives and health of people, national security, the environment or prevents the prevention of natural disasters, accidents, catastrophes, epidemics and epizootics or their elimination».

ABSTRAKLegally that the relationship between workers and employers are the same even though the socio-economic position between employees and employers is different, the nature of the employment law has resulted in employment relationships are not always harmonious between workers / unions and employers in industrial relations, the number of employers who eliminate or reduce workers' rights to conduct collective bargaining (PB) to deviate the collective Labour agreement (CLA), whereas in the company there has been a Labour agreement (CLA) is still valid by reason of the collective labor agreement (CLA), which is not in accordance with laws and regulations.The conclusion obtained is that the position of the Collective Agreement (PB) as a Source of Law Autonomous Employment Law is part of the Collective Labor Agreement for the duration of the validity of PKB there are things that do not fit in the employment relationship so it is possible made the Collective Agreement which will then be included in the change PKB with the provisions PB must be registered at the Industrial Relations court, the legal effect of the NT tertentangan with CLA, PB may be declared null and void, cancellation of PB can be done through the judicial land in the area of collective agreements made, since the Industrial Relations court has no competence to resolve disputes cancellation of the Collective Agreement. Keywords: Position, the Collective Agreement, Working Agreement

The article analyses the legal nature of the employee’s obligation for monetary payment under Art. 232, para. 3 of the Labour Code. It is reasonable to conclude that by establishing the possibility of fulfilling this obligation, which represents an optional remuneration, the legislator grants the employee the right to terminate the employment relationship unilaterally, both during the training and after its successful completion. The concept of “non-justified reasons” used in legislation, is thoroughly researched and a de lege ferenda proposal is formulated to overcome the current ambiguity. The rules set out in the law are discussed, both for contracting and for the final calculation of the amount of the employee’s monetary payment.

In the heady expansion of capital’s productive capacity during the post-war period, E.P. Thompson wondered optimistically at potentials accruing to humanity by accelerating automation. He asked, “If we are to have enlarged leisure, in an automated future, the problem is not ‘how are men going to be able to consume all these additional time-units of leisure?’ but ‘what will be the capacity for experience of the men who have this undirected time to live?’” (Thompson 36). Indeed, linear and economistic variants of Marxian materialism have long emphasised that the socialisation of production by the use of machinery will eventually free us from work. At the very least, the underemployment produced by the automation of pivotal labour roles is supposed to create a political subject capable of agitating successfully against bourgeois and capitalist hegemony. But contrary to these prognostications, the worker of 2019 is caught up in a process of generalising work far beyond what is considered necessary by tradition, or at least the convention of what David Harvey calls “embedded liberalism” (11). As Anne Helen Peterson wrote in a recent Buzzfeed article,even the trends millennials have popularized — like athleisure — speak to our self-optimization. Yoga pants might look sloppy to your mom, but they’re efficient: you can transition seamlessly from an exercise class to a Skype meeting to child pickup. We use Fresh Direct and Amazon because the time they save allows us to do more work. (Peterson)For the work-martyr, activity in its broadest Aristotelian sense is evaluated by and subordinated to the question of efficiency and productivity. Occupations of time that were once considered external to “work” as matters of “life” (to use Kathi Weeks’s vocabulary) are reconceived as waste when not deployed in the service of value-generation (Weeks 15).The point here, then, is to provide some answers for why the decrease in socially-necessary labour time in an age of automation has not coincided with the Thompsonian expansion of free time. The current dilemma of the neoliberal “work-martyr” is traceable to the political responses generated by crises in production during the depression and the stagflationary disaccumulation of the 1960s-70s, and the major victory in the “battle for ideas” was the transformation of the political subject into human capital. This “intensely constructed and governed” suite of possible values is tasked, according to Wendy Brown, “with improving and leveraging its competitive positioning and with enhancing its (monetary and nonmonetary) portfolio value across all of its endeavours and ventures” (Brown 10). Connecting the creation of this subject in relation to personal or free time is important partly because of time’s longstanding importance to philosophies of subjectivity. But more to the point, the focus on time is important because it serves to demonstrate the economic foundations of the incursion of capitalist governance into the most private domains of existence. Against the criticism of Marx’s ‘abstract’ theory of value, one can see that the laws of capitalist accumulation make their mark in all parts of contemporary human being, including temporality. By tracing the emergence of afterwork as the unpaid continuation of the accumulation of value, one can show how each subject increasingly ‘lives’ capital. This marks a turning point in political economy. When work spills over a temporal limit, its relationship to reproduction is finally blurred to the point of indistinction. What this means for value-creation in 2019 is something in urgent need of critique.State ReproductionAccording to the Marxian theory, labour’s minimum cost is abstractly determined by the price of the labourer’s necessities. Once they have produced enough objects of value to cover these costs, the rest of their work is surplus value in the hands of the capitalist. The capitalist’s aim, then, is to extend the overall working-day for as long beyond the minimum as possible. Theoretically, the full 24 hours of the day may be used. The rise of machine production in the 19th century allowed the owners to make this theory a reality. The only thing that governed the extension of work-time was the physical minimum of labour-power’s reproduction (Marx 161). But this was on the provision that all the labourer’s “free” time was to be spent regrouping their energies. Anything in excess of this was a privilege: time wasted that could have been spent in the factory. “If the labourer consumes his disposable time for himself”, says Marx, “he robs the capitalist” (162).This began to change with the socialisation of the work process and the increase in technical proficiency that labour demanded in early 20th-century industry. With the changes in the sophistication of the manufacture process, the labourer came to be factored in the production process less as an “appendage of the machine” and more as a collection of decisive skills. Fordism based itself around the recognition that capital itself was “dependent on a family-based reproduction” (Weeks 27). In Ford’s America, the sense that work’s intensity might supplant losses in the working day propelled owners of production to recognise the economic need of ensuring a robust culture of social reproduction. In capital’s original New Deal, Ford provided an increase in wages (the Five Dollar Day) in exchange for a rise in productivity (Dalla Costa v). To preserve the increased rhythm of industrial production required more than a robust wage, however. It required “the formation of a physically efficient and psychologically disciplined working class” (Dalla Costa 2). Companies began to hire sociologists to investigate how workers spent their spare time (Dalla Costa 8). They led the charge in a what we might call the first “anthropological revolution” of the American 20th century, whereby the improved wage of the worker was underpinned by the economisation of their reproduction. This was enabled by the cheapening of social necessities (and thus a reduction in socially-necessary labour time) in profound connection to the development of household economy on the backs of unpaid female labour (Weeks 25).This arrangement between capital and labour persisted until 1929. When the inevitable crisis came, however, wages faltered, and many workers joined the ranks of the unemployed. Unable to afford even the basics of their own reproduction, the working-class looked to the state. They created political and social pressure through marches, demonstrations, attacks on shops and the looting of supply trucks (Dalla Costa 40). The state held out against them, but the crisis in production eventually reached such a point of intensity that the government was forced to intervene. Hoover instituted the Emergency Relief Act and Financial Reconstruction Corporation in 1932. This was expanded the following year by FDR’s New Deal, transforming Emergency Relief into a federal institution and creating the Civil Works Association to stimulate the job market (Dalla Costa 63). The security of the working class was decisively linked to the state through the wage guarantees, welfare measures and even the legal guarantee of collective bargaining.For the most part, the state’s intervention in social reproduction took the pressure off industry by ensuring that the workforce would remain able to handle its burdens and that the unemployed would remain employable. It guaranteed a minimum wage for the employed to ensure that demand didn’t collapse, and provided care outside the workforce to women, children and the elderly.Once the state took responsibility for reproduction, however, it immediately became interested in how free time could be made efficient and cost effective. Abroad, they noted the example of European statist and corporativist approaches. Roosevelt sent a delegation to Europe to study the various measures taken by fascist and United Front governments to curb the effects of economic crisis (Dogliani 247). Among these was Mussolini’s OND (Opera Nazionale Dopolavoro) which sought to accumulate the free time of workers to the ends of production. Part of this required the responsibilisation of the broader community not only for regeneration of labour-power but the formation of a truly fascist political subject.FDR’s social reform program was able to reproduce this at home by following the example of workers’ community organisation during the depression years. Throughout the early ‘30s, self-help cooperatives, complete with “their own systems of payment in goods or currency” emerged among the unemployed (Dalla Costa 61). Black markets in consumer goods and informal labour structures developed in all major cities (Dalla Costa 34). Subsistence goods were self-produced in a cottage industry of unpaid domestic labour by both men and women (Dalla Costa 71). The paragon of self-reproducing communities was urbanised black Americans, whose internal solidarity had saved lives throughout the depression. The state took notice of these informal economies of production and reproduction, and started to incorporate the possibility of community engineering into their national plan. Roosevelt convened the Civilian Conservation Corps to absorb underemployed elements of the American workforce and recover consumer demand through direct state sponsorship (wages) (Dogliani, 247). The Committee of Industrial Organisation was transformed into a “congress” linking workers directly to the state (Dalla Costa 74). Minium wages were secured in the supreme court in 1937, then hiked in 1938 (78). In all, the state emerged at this time as a truly corporativist entity- the guarantor of employment and of class stability. From Social Reproduction to Human Capital InvestmentSo how do we get from New Deal social engineering to yoga pants? The answer is deceptively simple. The state transformed social reproduction into a necessary part of the production process. But this also meant that it was instrumentalised. The state only had to fund its workforce’s reproduction so long as this guaranteed productivity. After the war, this was maintained by a form of “embedded liberalism” which sought to provide full employment, economic growth and welfare for its citizens while anchoring the international economy in the Dollar’s gold-value. However, by providing stable increases in “relative value” (wages), this form of state investment incentivised capital flight and its spectacular consequent: deindustrialisation. The “embedded liberalism” of the state-capital-labour compromise began to breakdown with a new crisis of accumulation (Harvey 11-12). The relocation of production to non-union states and decolonised globally-southern sites of hyper-exploitation led to an ‘urban crisis’ in the job market. But as capitalist expansion carried on abroad, inflation kept dangerous pace with the rate of unemployment. This “stagflation” put irresistible pressure on the post-war order. The Bretton-Woods policy of maintaining fixed interest rates while pinning the dollar to gold was abandoned in 1971 and exchange rates were floated all over the world (Harvey 12). The spectre of a new crisis loomed, but one which couldn’t be resolved by the simple state sponsorship of production and reproduction.While many solutions were offered in place of this, one political vision singled out the state’s intervention into reproduction as the cause of the crisis. The ‘neoliberal’ political revolution began at the level of individual groups of capitalist agitants seeking governmental influence in a crusade against communism. It was given its first run on the historical pitch in Chile as part of the CIA-sponsored Pinochet revanchism, and then imported to NYC to deal with the worsening urban crisis of the 1970s. Instead of focusing on production (which required state intervention to proceed without crisis), neoliberal theory promulgated a turn to monetisation and financialisation. The rule of the New York banks after they forced the City into near-bankruptcy in 1975 prescribed total austerity in order to make good on its debts. The government was forced by capital itself to withdraw from investment in the reproduction of its citizens and workers. This was generalised to a federal policy as Reagan sought to address the decades-long deficit during the early years of his presidential term. Facilitating the global flow of finance and the hegemony of supranational institutions like the IMF, the domestic labour force now became beholden to an international minimum of socially-necessary labour time. At the level of domestic labour, the reduction of labour’s possible cost to this minimum had dramatic consequences. International competition allowed the physical limitations of labour to, once again, vanish from sight. Removed from the discourse of reproduction rights, the capitalist edifice was able to focus on changing the ratio of socially necessary labour to surplus. The mechanism that enabled them to do so was competition among the workforce. With the opening of the world market, capital no longer had to worry about the maintenance of domestic demand.But competition was not sufficient to pull off so grand a feat. What was required was a broader “battle of ideas”; the second anthropological revolution of the American century. The protections that workers had relied upon since the Fordist compromise and the corporativist solution eroded as the new “class-power” of the bourgeoisie levelled neoliberal assaults against associated labour (Harvey 23). While unions were gradually disempowered to fight the inevitable tide of deindustrialisation and capital flight, individual workers were coddled by a stream of neoliberal propaganda promising “Freedom” to those who would leave the stifling atmosphere of collective association. The success of this double enervation crippled union power, and the capitalist could rely increasingly on internal workplace wage stratification to regulate labour at an enterprise level (Dalla Costa 25). Incentive structures transformed labour rights into privileges; imagining old entitlements as concessions from above. In the last thirty years, the foundation of worker protections at large has, according to Brown, become illegible (Brown 38).Time and ValueThe reduction of time needed to produce has not coincided with an expansion of free time. The neoliberal anthropological revolution has wormed its way into the depth of the individual subject’s temporalising through a dual assault on labour conditions and propaganda. The privatisation of reproduction means that its necessary minimum is once again the subject of class struggle. Time spent unproductively outside the workplace now not only robs the capitalist, but the worker. If an activity isn’t a means to increase one’s “experience” (the vector of employability), it is time poorly spent. The likelihood of being hired for a job, in professional industries especially, is dependent on your ability to outperform others not only in your talents and skills, but in your own exploitability. Brown points out that the groups traditionally defined by the “middle strata … works more hours for less pay, fewer benefits, less security, and less promise of retirement or upward mobility than at any time in the past century” (Brown 28-29).This is what is meant by the transformation of workers into ‘human capital’. As far as the worker is concerned, the capitalist no longer purchases their labour-power: they purchase the sum of their experiences and behaviours. A competitive market has emerged for these personality markers. As a piece of human capital, one must expend one’s time not only in reproduction, but the production of their own surplus value. Going to a play adds culture points to your brand; speaking a second language gives you a competitive edge; a robust Instagram following is the difference between getting or missing out on a job. For Jess Whyte, this means that the market is now able to govern in place of the state. It exercises a command over people’s lives in and out of the workplace “which many an old tyrannical state would have envied” (Whyte 20).There is a question here of change and continuity. A survey of the 20th century shows that the reduction of ‘socially necessary labour time’ does not necessarily mean a reduction in time spent at work. In fact, the minimum around which capitalist production circulates is not worktime but wages. It is only at the political level that the working class prevented capital from pursuing this minimum. With the political victory of neoliberalism as a “restoration of class power” to the bourgeoisie, however, this minimum becomes a factor at the heart of all negotiations between capital and labour. The individual labourer lying at the heart of the productive process is reduced to his most naked form: human capital. This capital must spend all its time productively for its own benefit. Mundane tasks are avoidable, as stipulated by the piece of human capital sometimes known as Anne Helen Peterson, if they “wouldn’t make my job easier or my work better”. People are never really after-work under neoliberalism; their spare time is structurally adjusted into auxiliary labour. Competition has achieved what the state could never have dreamed of: a total governance of spare hours. This governance unites journalists tweeting from bed with Amazon workers living where they work, not to mention early-career academics working over a weekend to publish an article in an online journal that is not even paying them. These are all ways in which the privatisation of social reproduction transforms afterwork into unpaid overtime.ReferencesBrown, Wendy. Undoing the Demos: Neoliberalism’s Stealth Revolution. New York: Zone Books, 2015.Dalla Costa, Maria. Family, Welfare, and the State: Between Progressivism and the New Deal. Brooklyn: Common Notions, 2015.Harvey, David. A Brief History of Neoliberalism. Oxford: Oxford UP, 2005.Engels, Friedrich, and Karl Marx. The Marx-Engels Reader. Ed. R.C. Tucker. New York: Norton, 1978.Marx, Karl. Capital: A Critical Analysis of Capitalist Production. Vol. 1 and 2. Trans. E. Aveling and E. Untermann. Hertfordshire: Wordsworth Classics of World Literature, 2013.Peterson, Anne Helen. “How Millennials Became the Burnout Generation.” Buzzfeed. 10 Oct. 2019 <https://www.buzzfeednews.com/article/annehelenpetersen/millennials-burnout-generation-debt-work>.Postone, Moishe. Time, Labour and Social Domination. Cambridge: Cambridge UP, 1993.Thompson, E.P. “Time, Work-Discipline, and Industrial Capitalism.” In Stanley Aronowitz and Michael J. Roberts, eds., Class: The Anthology. Hoboken: Wiley, 2018.Wang, Jackie. Carceral Capitalism. Los Angeles: Semiotext(e), 2018.Weeks, Kathi. The Problem with Work: Feminism, Marxism, Antiwork Politics, and Postwork Imaginaries. Durham: Duke UP, 2011.Whyte, Jessica. “The Invisible Hand of Friedrich Hayek: Submission and Spontaneous Order.” Political Theory (2017): 1-29.

The word ‘remix’ marks venerable and longstanding creative practices and embeds them in a particular aesthetic, social and technological conjuncture. This is both the strength and the weakness of the term: in foreshortening the histories of that which it now names, it highlights the relationship between the participatory affordances of contemporary media technologies and the sense of contemporary media flows as recombinant; as involving the distributed reassembly, reconfiguration and circulation of pre-existing cultural and material elements. Remix situates this work as both artefact and practice, noun and verb. The risk is that in doing so, it is both dehistoricizing, and oddly anachronistic and ‘analogue’. One is always somehow waiting for the post-remix, or the premix (the ‘mix’ itself implies a slippage, an acknowledgement of multiplicity at the site of origin). Remix suggests some kind of authoriality and semiotic differentiability and sequence, pace Baudrillardian fantasies about the digital labour, prosumer, cognitive capitalist, copypasta meme factory. Remix is on a continuum on this trajectory, but at a point where we feel we can still see fairly confidently in both directions. This is one of the features of the term that gives it its ‘stickiness’: it is used, as our contributors show, to describe a wide range of practices. In turn, this attribute highlights some of the varying moral work that remix does as a predicate, in relation to ideas around originality, authorship and plagiarism; ownership, permission, and the commons; the autonomy or otherwise of culture from commerce; the cultural and social importance of the archive and the best means of engaging with it; the roles and functions of capital and the law with respect to contemporary ‘folk’ artistic practices; and the affective significance of the past and the passage of time. Remix suggests a certain kind of commemorative honouring of the past and of what we find meaningful in our common culture, inflected and sometimes problematized by the broader structures which mediate that culture to us. It implies also a technologization of how this honouring is conducted, a two-way mediatization, the widespread enculturation of particular communicative and distributive technological systems for getting the remix done. It implies a specific sociocultural and techno-aesthetic grammar. Like the various materials that are subject to remix, the word itself then is promiscuous. As such, both specificity and scope in understanding what remix ‘means’ entail investigations around and into the word as a kind of heuristic or analytic. Remixes are often local artefacts, exhibiting family resemblances in terms of the uses to which their intertextuality is put. These resemblances point towards the meaning-making practices present in those semantic, discursive, and social webs through which these artefacts become sensible. Much of the current literature promotes the idea (notable, for example, in the work of Lessig), that remix is some kind of intervention in the cultural economy, whereby audiences become liberated into participation in cultural production. This participation in cultural dialogue through remix is heralded as a new era of democratized consumer activism. The converse argument suggests that remix is wholly incorporated as ‘playbour’: users generate content for free, used by others for profit. Remix as ‘resistance’ seems to occur solely at the level of the sign, overlooking the extent to which vernacular creative work is rendered an integrative cultural commodity. The logical conclusion of this kind of argument is an emphasis (such as that found in Adorno) on the extent to which cultural commodities have colonized the lifeworld. Without recourse to the cultural resources given by neoliberal capitalism, nothing at all can be said, even by nonconformists. There is nothing outside the desiring machine. Indeed, the very fact that dissent is so often expressed exactly through the means given by dominant cultural systems shows just how insidious they are. But both of these accounts only get us so far. Effectively, they leave us in a remix-good/remix-bad binary. One account is not really ‘deeper’ than the other, because in a sense both are missing the larger point. The early fixation on the remix as itself a laudable cultural intervention tends to exacerbate the tendency towards these either-or readings. Dominant meanings are demonstrably contestable, and contested every day. Of course, the semiotic meaning of particular remixes and the means by which these remixes operate within the discursive or semiotic field require attention and interrogation. But these meanings and the practices that give rise to them are also read off, given, and sanctioned within specific social and cultural contexts and specific ethical, interpretive, and legal frameworks. These contexts and frameworks and their social logics require explication. Our argument here is not precisely that we need anthropological, sociological, legal, etc. accounts as well as textual analyses and deconstructions of particular remixes and remix forms and genres. It is that remix, as a hybrid cultural form and practice, is literally neither quite here nor there. An adequate grasp of remix and its implications entails empirical work, showing and unpacking what it is that makes remix important to the various and diverse communities who sustain it and are sustained by it. A good way in to this issue is to reflect on the permissibility or otherwise of the use of particular resources within a specific remix subculture; the moral limits of the remixable. In the feature article, fan fiction scholars Kristina Busse and Shannon Farley discuss the implications of an incident within a particular fan fiction community, where an as-yet-unarticulated norm regarding the limits of textual appropriation - specifically, the use without permission of the work of other fan fiction writers - came abruptly to collective attention. Drawing out the distinctions and nuances from this incident and contextualising it in relation to broader fan fiction community opinion, Busse and Farley carefully differentiate this infraction from plagiarism and from copyright infringement in emic terms, showing how fan-fiction writers themselves articulate, invoke and enact community with respect to such norms. Ruth Walker further elaborates on the concept of plagiarism by analysing academic quotation as a form of remix. Rather than ascribing to the stringent rules of referencing, Walker suggests that framing academic and student writing as a form of remix allows for a playful re-use of scholarly conventions and a more creative use of existing academic work. In ‘Locating Anti-Fandom in Extratextual Mash-ups’, Bertha Chin examines how the remix video Buffy vs Edward demonstrates anti-fandom responses to the Twilight series. By placing the ‘empowered’ role model of Buffy in the position of Bella, the romantic hero of Edward is suddenly re-framed as a self-obsessed stalker. Chin argues that rather than demonstrating fannish love for the texts, Buffy vs Edward is an anti-fandom critique of the troubling aspects of a popular series. In his article on slash manips, Joseph Brennan discusses a case study of visual slash - the combinatory digital manipulation of images of characters from popular media and gay pornography. Attending particularly to compositional strategy and the physical and bodily syntax of this often overlooked form of remix, Brennan’s argument inflects the dominant scholarly understandings of slash as a genre coded as ‘female’. In ‘Taking This from This and That from That’, Phillip Cunningham and Melinda Lewis make a case for considering the role remix, and pastiche specifically as a variant of intertextual poaching, plays in the directorial styles of RZA and Quentin Tarantino, and in the ‘self-fashioning’ particularly of RZA. Remix is here not a democratizing, niche strategy, but something central to creative practice within the core of the contemporary mass-market cultural industries. Cunningham and Lewis argue that the work of RZA highlights hybridity in multiple ways, particularly across both media form and the tropes of genre. Following this, Rob Cover proposes a new framework for the analysis of the remix as a text in ‘Reading the Remix’. Using the language of ‘layering’ drawn from digital manipulation terminology, the remix can be understood as a type of layered intermedia. Cover provides a concrete process for teaching remix analysis in an undergraduate classroom, drawing on a rich variety of theoretical models and methodologies. Attention in current debates about remix is frequently drawn to the institutional structures that go to make the practice more or less easy - or more or less easy to block. Olivia Conti’s paper uses the idea of the dialectical vernacular to describe YouTube and similar sites, as mediators between vernacular and institutional discourses (in this instance, political remix video-makers, and rights holders). Her account of the technico-legal mechanics of Youtube takedowns highlights the paradoxical status of political remix video, as something which both draws its political potential from its infringement of base material (in terms of the process itself, and the altered meanings of the content), and is rendered vulnerable to takedown by the same token. ‘Musical Chameleons’, Maarten Michielse’s piece drawing on extensive research on the online music remix community Indaba Music, returns attention to the perspectives of remixers themselves, considering in this instance what they hold to be valuable attributes for a remixer to have. Michielse develops work around the concepts of flexibility and fluency as aspects of creative practice, to describe what it is that competitive digital music remix producers strive for with respect to the musical materials they work with and on. Jonathon Hutchinson then explores the relationship between remix and the institution of public service media in his piece on textual reappropriation within the ABC. While public service broadcasters like the ABC have sought to encourage audience participation through user-generated content, the content of remixes is often controversial and opens the institution to public criticism or lawsuits. Using a case study of how the ABC responded to complaints of a particular remixer, Hutchinson examines the limits of creative remix in an institutional setting. The ethics and aesthetics of remix are further situated and explored by Patrick West and Cher Coad in their paper, ‘Drawing the line’, which explores disjunctive Chinese and Western ideas of the materialism of writing practice, namely calligraphy, particularly in relation to the charges of plagiarism laid against Kathy Acker’s novel Blood and Guts in High School. West and Coad use Deleuzian notions of the line and of repetition to expose and problematize received ideas of authoriality and textuality. Last but by no means least, Darren Tofts and Lisa Gye round off the issue with a discussion of the Classical Gas project, where canonical works in media and cultural theory are mashed fannishly up into album covers from the days when album covers meant something. Tofts and Gye reflect on their practice in the work that goes into these hilarious and oddly moving images, returning us to the haunting delight of the old made strange and the novelty of the unexpectedly familiar new that is part of the visceral appeal of remix culture. AcknowledgementsWe would like to thank the contributing authors, the anonymous, thoughtful and diligent peer reviewers, Axel Bruns and the M/C team, and the remix artists and communities who drew us all variously to this endeavour.

For the past twenty years, academics and other social commentators have, by and large, shared the view that the phase of modernity through which we are currently passing is defined by two interrelated catalysts of change: the physical movement of people and the virtual movement of information around the globe. As we enter the second decade of the new millennium, it is certainly a timely moment to reflect upon the ways in which the prognoses of the scholars and scientists writing in the late twentieth century have come to pass, especially since—during the time this special issue has been in press—the revolutions that are gathering pace in the Arab world appear to be realising the theoretical prediction that the ever-increasing “flows” of people and information would ultimately bring about the end of the nation-state and herald an era of transnationalism (Appadurai, Urry). For writers like Arjun Appadurai, moreover, the concept of diaspora was key to grasping how this new world order would take shape, and how it would operate: Diasporic public spheres, diverse amongst themselves, are the crucibles of a postnational political order. The engines of their discourse are mass media (both interactive and expressive) and the movement of refugees, activists, students, laborers. It may be that the emergent postnational order proves not to be a system of homogeneous units (as with the current system of nation-states) but a system based on relations between heterogeneous units (some social movements, some interest groups, some professional bodies, some non-governmental organizations, some armed constabularies, some judicial bodies) ... In the short run, as we can see already, it is likely to be a world of increased incivility and violence. In the longer run, free from the constraints of the nation form, we may find that cultural freedom and sustainable justice in the world do not presuppose the uniform and general existence of the nation-state. This unsettling possibility could be the most exciting dividend of living in modernity at large. (23) In this editorial, we would like to return to the “here and now” of the late 1990s in which theorists like Arjun Appaduri, Ulrich Beck, John Urry, Zygmunt Bauman, Robert Robertson and others were “imagining” the consequences of both globalisation and glocalisation for the twenty-first century in order that we may better assess what is, indeed, coming to pass. While most of their prognoses for this “second modernity” have proven remarkably accurate, it is their—self-confessed—inability to forecast either the nature or the extent of the digital revolution that most vividly captures the distance between the mid-1990s and now; and it is precisely the consequences of this extraordinary technological revolution on the twin concepts of “glocality” and “diaspora” that the research featured in this special issue seeks to capture. Glocal Imaginaries Appadurai’s endeavours to show how globalisation was rapidly making itself felt as a “structure of feeling” (Williams in Appadurai 189) as well as a material “fact” was also implicit in our conceptualisation of the conference, “Glocal Imaginaries: Writing/Migration/Place,” which gave rise to this special issue. This conference, which was the culmination of the AHRC-funded project “Moving Manchester: Literature/Migration/Place (2006-10)”, constituted a unique opportunity to gain an international, cross-disciplinary perspective on urgent and topical debates concerning mobility and migration in the early twenty-first century and the strand “Networked Diasporas” was one of the best represented on the program. Attracting papers on broadcast media as well as the new digital technologies, the strand was strikingly international in terms of the speakers’ countries of origin, as is this special issue which brings together research from six European countries, Australia and the Indian subcontinent. The “case-studies” represented in these articles may therefore be seen to constitute something of a “state-of-the-art” snapshot of how Appadurai’s “glocal imaginary” is being lived out across the globe in the early years of the twenty-first century. In this respect, the collection proves that his hunch with regards to the signal importance of the “mass-media” in redefining our spatial and temporal coordinates of being and belonging was correct: The third and final factor to be addressed here is the role of the mass-media, especially in its electronic forms, in creating new sorts of disjuncture between spatial and virtual neighborhoods. This disjuncture has both utopian and dystopian potentials, and there is no easy way to tell how these may play themselves out in the future of the production of locality. (194) The articles collected here certainly do serve as testament to the “bewildering plethora of changes in ... media environments” (195) that Appadurai envisaged, and yet it can clearly also be argued that this agent of glocalisation has not yet brought about the demise of the nation-state in the way (or at the speed) that many commentators predicted. Digital Diasporas in a Transnational World Reviewing the work of the leading social science theorists working in the field during the late 1990s, it quickly becomes evident that: (a) the belief that globalisation presented a threat to the nation-state was widely held; and (b) that the “jury” was undecided as to whether this would prove a good or bad thing in the years to come. While the commentators concerned did their best to complexify both their analysis of the present and their view of the future, it is interesting to observe, in retrospect, how the rhetoric of both utopia and dystopia invaded their discourse in almost equal measure. We have already seen how Appadurai, in his 1996 publication, Modernity at Large, looks beyond the “increased incivility and violence” of the “short term” to a world “free from the constraints of the nation form,” while Roger Bromley, following Agamben and Deleuze as well as Appadurai, typifies a generation of literary and cultural critics who have paid tribute to the way in which the arts (and, in particular, storytelling) have enabled subjects to break free from their national (af)filiations (Pearce, Devolving 17) and discover new “de-territorialised” (Deleuze and Guattari) modes of being and belonging. Alongside this “hope,” however, the forces and agents of globalisation were also regarded with a good deal of suspicion and fear, as is evidenced in Ulrich Beck’s What is Globalization? In his overview of the theorists who were then perceived to be leading the debate, Beck draws distinctions between what was perceived to be the “engine” of globalisation (31), but is clearly most exercised by the manner in which the transformation has taken shape: Without a revolution, without even any change in laws or constitutions, an attack has been launched “in the normal course of business”, as it were, upon the material lifelines of modern national societies. First, the transnational corporations are to export jobs to parts of the world where labour costs and workplace obligations are lowest. Second, the computer-generation of worldwide proximity enables them to break down and disperse goods and services, and produce them through a division of labour in different parts of the world, so that national and corporate labels inevitably become illusory. (3; italics in the original) Beck’s concern is clearly that all these changes have taken place without the nation-states of the world being directly involved in any way: transnational corporations began to take advantage of the new “mobility” available to them without having to secure the agreement of any government (“Companies can produce in one country, pay taxes in another and demand state infrastructural spending in yet another”; 4-5); the export of the labour market through the use of digital communications (stereotypically, call centres in India) was similarly unregulated; and the world economy, as a consequence, was in the process of becoming detached from the processes of either production or consumption (“capitalism without labour”; 5-7). Vis-à-vis the dystopian endgame of this effective “bypassing” of the nation-state, Beck is especially troubled about the fate of the human rights legislation that nation-states around the world have developed, with immense effort and over time (e.g. employment law, trade unions, universal welfare provision) and cites Zygmunt Bauman’s caution that globalisation will, at worst, result in widespread “global wealth” and “local poverty” (31). Further, he ends his book with a fully apocalyptic vision, “the Brazilianization of Europe” (161-3), which unapologetically calls upon the conventions of science fiction to imagine a worst-case scenario for a Europe without nations. While fourteen or fifteen years is evidently not enough time to put Beck’s prognosis to the test, most readers would probably agree that we are still some way away from such a Europe. Although the material wealth and presence of the transnational corporations strikes a chord, especially if we include the world banks and finance organisations in their number, the financial crisis that has rocked the world for the past three years, along with the wars in Iraq and Afghanistan, and the ascendancy of Al-Qaida (all things yet to happen when Beck was writing in 1997), has arguably resulted in the nations of Europe reinforcing their (respective and collective) legal, fiscal, and political might through rigorous new policing of their physical borders and regulation of their citizens through “austerity measures” of an order not seen since World War Two. In other words, while the processes of globalisation have clearly been instrumental in creating the financial crisis that Europe is presently grappling with and does, indeed, expose the extent to which the world economy now operates outside the control of the nation-state, the nation-state still exists very palpably for all its citizens (whether permanent or migrant) as an agent of control, welfare, and social justice. This may, indeed, cause us to conclude that Bauman’s vision of a world in which globalisation would make itself felt very differently for some groups than others came closest to what is taking shape: true, the transnationals have seized significant political and economic power from the nation-state, but this has not meant the end of the nation-state; rather, the change is being experienced as a re-trenching of whatever power the nation-state still has (and this, of course, is considerable) over its citizens in their “local”, everyday lives (Bauman 55). If we now turn to the portrait of Europe painted by the articles that constitute this special issue, we see further evidence of transglobal processes and practices operating in a realm oblivious to local (including national) concerns. While our authors are generally more concerned with the flows of information and “identity” than business or finance (Appaduri’s “ethnoscapes,” “technoscapes,” and “ideoscapes”: 33-7), there is the same impression that this “circulation” (Latour) is effectively bypassing the state at one level (the virtual), whilst remaining very materially bound by it at another. In other words, and following Bauman, we would suggest that it is quite possible for contemporary subjects to be both the agents and subjects of globalisation: a paradox that, as we shall go on to demonstrate, is given particularly vivid expression in the case of diasporic and/or migrant peoples who may be able to bypass the state in the manufacture of their “virtual” identities/communities) but who (Cohen) remain very much its subjects (or, indeed, “non-subjects”) when attempting movement in the material realm. Two of the articles in the collection (Leurs & Ponzanesi and Marcheva) deal directly with the exponential growth of “digital diasporas” (sometimes referred to as “e-diasporas”) since the inception of Facebook in 2004, and both provide specific illustrations of the way in which the nation-state both has, and has not, been transcended. First, it quickly becomes clear that for the (largely) “youthful” (Leurs & Ponzanesi) participants of nationally inscribed networking sites (e.g. “discovernikkei” (Japan), “Hyves” (Netherlands), “Bulgarians in the UK” (Bulgaria)), shared national identity is a means and not an end. In other words, although the participants of these sites might share in and actively produce a fond and nostalgic image of their “homeland” (Marcheva), they are rarely concerned with it as a material or political entity and an expression of their national identities is rapidly supplemented by the sharing of other (global) identity markers. Leurs & Ponzanesi invoke Deleuze and Guattari’s concept of the “rhizome” to describe the way in which social networkers “weave” a “rhizomatic path” to identity, gradually accumulating a hybrid set of affiliations. Indeed, the extent to which the “nation” disappears on such sites can be remarkable as was also observed in our investigation of the digital storytelling site, “Capture Wales” (BBC) (Pearce, "Writing"). Although this BBC site was set up to capture the voices of the Welsh nation in the early twenty-first century through a collection of (largely) autobiographical stories, very few of the participants mention either Wales or their “Welshness” in the stories that they tell. Further, where the “home” nation is (re)imagined, it is generally in an idealised, or highly personalised, form (e.g. stories about one’s own family) or through a sharing of (perceived and actual) cultural idiosyncrasies (Marcheva on “You know you’re a Bulgarian when …”) rather than an engagement with the nation-state per se. As Leurs & Ponzanesi observe: “We can see how the importance of the nation-state gets obscured as diasporic youth, through cultural hybridisation of youth culture and ethnic ties initiate subcultures and offer resistance to mainstream cultural forms.” Both the articles just discussed also note the shading of the “national” into the “transnational” on the social networking sites they discuss, and “transnationalism”—in the sense of many different nations and their diasporas being united through a common interest or cause—is also a focus of Pikner’s article on “collective actions” in Europe (notably, “EuroMayDay” and “My Estonia”) and Harb’s highly topical account of the role of both broadcast media (principally, Al-Jazeera) and social media in the revolutions and uprisings currently sweeping through the Arab world (spring 2011). On this point, it should be noted that Harb identifies this as the moment when Facebook’s erstwhile predominantly social function was displaced by a manifestly political one. From this we must conclude that both transnationalism and social media sites can be put to very different ends: while young people in relatively privileged democratic countries might embrace transnationalism as an expression of their desire to “rise above” national politics, the youth of the Arab world have engaged it as a means of generating solidarity for nationalist insurgency and liberation. Another instance of “g/local” digital solidarity exceeding national borders is to be found in Johanna Sumiala’s article on the circulatory power of the Internet in the Kauhajoki school shooting which took place Finland in 2008. As well as using the Internet to “stage manage” his rampage, the Kauhajoki shooter (whose name the author chose to withhold for ethical reasons) was subsequently found to have been a member of numerous Web-based “hate groups”, many of them originating in the United States and, as a consequence, may be understood to have committed his crime on behalf of a transnational community: what Sumiala has defined as a “networked community of destruction.” It must also be noted, however, that the school shootings were experienced as a very local tragedy in Finland itself and, although the shooter may have been psychically located in a transnational hyper-reality when he undertook the killings, it is his nation-state that has had to deal with the trauma and shame in the long term. Woodward and Brown & Rutherford, meanwhile, show that it remains the tendency of public broadcast media to uphold the raison d’être of the nation-state at the same time as embracing change. Woodward’s feature article (which reports on the AHRC-sponsored “Tuning In” project which has researched the BBC World Service) shows how the representation of national and diasporic “voices” from around the world, either in opposition to or in dialogue with the BBC’s own reporting, is key to the way in which the Commission has changed and modernised in recent times; however, she is also clear that many of the objectives that defined the service in its early days—such as its commitment to a distinctly “English” brand of education—still remain. Similarly, Brown & Rutherford’s article on the innovative Australian ABC children’s television series, My Place (which has combined traditional broadcasting with online, interactive websites) may be seen to be positively promoting the Australian nation by making visible its commitment to multiculturalism. Both articles nevertheless reveal the extent to which these public service broadcasters have recognised the need to respond to their nations’ changing demographics and, in particular, the fact that “diaspora” is a concept that refers not only to their English and Australian audiences abroad but also to their now manifestly multicultural audiences at home. When it comes to commercial satellite television, however, the relationship between broadcasting and national and global politics is rather harder to pin down. Subramanian exposes a complex interplay of national and global interests through her analysis of the Malayalee “reality television” series, Idea Star Singer. Exported globally to the Indian diaspora, the show is shamelessly exploitative in the way in which it combines residual and emergent ideologies (i.e. nostalgia for a traditional Keralayan way of life vs aspirational “western lifestyles”) in pursuit of its (massive) audience ratings. Further, while the ISS series is ostensibly a g/local phenomenon (the export of Kerala to the rest of the world rather than “India” per se), Subramanian passionately laments all the progressive national initiatives (most notably, the campaign for “women’s rights”) that the show is happy to ignore: an illustration of one of the negative consequences of globalisation predicted by Beck (31) noted at the start of this editorial. Harb, meanwhile, reflects upon a rather different set of political concerns with regards to commercial satellite broadcasting in her account of the role of Al-Jazeera and Al Arabiya in the recent (2011) Arab revolutions. Despite Al-Jazeera’s reputation for “two-sided” news coverage, recent events have exposed its complicity with the Qatari government; further, the uprisings have revealed the speed with which social media—in particular Facebook and Twitter—are replacing broadcast media. It is now possible for “the people” to bypass both governments and news corporations (public and private) in relaying the news. Taken together, then, what our articles would seem to indicate is that, while the power of the nation-state has notionally been transcended via a range of new networking practices, this has yet to undermine its material power in any guaranteed way (witness recent counter-insurgencies in Libya, Bahrain, and Syria).True, the Internet may be used to facilitate transnational “actions” against the nation-state (individual or collective) through a variety of non-violent or violent actions, but nation-states around the world, and especially in Western Europe, are currently wielding immense power over their subjects through aggressive “austerity measures” which have the capacity to severely compromise the freedom and agency of the citizens concerned through widespread unemployment and cuts in social welfare provision. This said, several of our articles provide evidence that Appadurai’s more utopian prognoses are also taking shape. Alongside the troubling possibility that globalisation, and the technologies that support it, is effectively eroding “difference” (be this national or individual), there are the ever-increasing (and widely reported) instances of how digital technology is actively supporting local communities and actions around the world in ways that bypass the state. These range from the relatively modest collective action, “My Estonia”, featured in Pikner’s article, to the ways in which the Libyan diaspora in Manchester have made use of social media to publicise and support public protests in Tripoli (Harb). In other words, there is compelling material evidence that the heterogeneity that Appadurai predicted and hoped for has come to pass through the people’s active participation in (and partial ownership of) media practices. Citizens are now able to “interfere” in the representation of their lives as never before and, through the digital revolution, communicate with one another in ways that circumvent state-controlled broadcasting. We are therefore pleased to present the articles that follow as a lively, interdisciplinary and international “state-of-the-art” commentary on how the ongoing revolution in media and communication is responding to, and bringing into being, the processes and practices of globalisation predicted by Appadurai, Beck, Bauman, and others in the 1990s. The articles also speak to the changing nature of the world’s “diasporas” during this fifteen year time frame (1996-2011) and, we trust, will activate further debate (following Cohen) on the conceptual tensions that now manifestly exist between “virtual” and “material” diasporas and also between the “transnational” diasporas whose objective is to transcend the nation-state altogether and those that deploy social media for specifically local or national/ist ends. Acknowledgements With thanks to the Arts and Humanities Research Council (UK) for their generous funding of the “Moving Manchester” project (2006-10). Special thanks to Dr Kate Horsley (Lancaster University) for her invaluable assistance as ‘Web Editor’ in the production of this special issue (we could not have managed without you!) and also to Gail Ferguson (our copy-editor) for her expertise in the preparation of the final typescript. References Appadurai, Arjun. Modernity at Large: Cultural Dimensions of Globalisation. Minneapolis: U of Minnesota P, 1996. Bauman, Zygmunt. Globalization. Cambridge: Polity, 1998. Beck, Ulrich. What is Globalization? Trans. Patrick Camiller. Cambridge: Polity, 2000 (1997). Bromley, Roger. Narratives for a New Belonging: Diasporic Cultural Fictions. Edinburgh: Edinburgh UP, 2000. Cohen, Robin. Global Diasporas. 2nd ed. London and New York: Routledge, 2008. Deleuze, Gilles, and Felix Guattari. A Thousand Plateaus: Capitalism and Schizophrenia. Trans. Brian Massumi. Minneapolis: U of Minnesota P, 1987. Latour, Bruno. Reassembling the Social: An Introduction to Actor-Network Theory. Oxford: Oxford UP, 1995. Pearce, Lynne, ed. Devolving Identities: Feminist Readings in Home and Belonging. London: Ashgate, 2000. Pearce, Lynne. “‘Writing’ and ‘Region’ in the Twenty-First Century: Epistemological Reflections on Regionally Located Art and Literature in the Wake of the Digital Revolution.” European Journal of Cultural Studies 13.1 (2010): 27-41. Robertson, Robert. Globalization: Social Theory and Global Culture. London: Sage, 1992. Urry, John. Sociology beyond Societies. London: Routledge, 1999. Williams, Raymond. Dream Worlds: Mass Consumption in Late Nineteenth-Century France. Berkeley: U of California P, 1982.

Nearly 50 years on from Alvin Toffler’s Future Shock (1971), contemporary society finds itself navigating the Fourth Industrial Revolution. This era has been described as the convergence of digitisation, robotics, artificial intelligence, globalisation—and speed (Johannessen). As such, temporality is taking on a turbulent and elusive edge. In the previous century, Toffler highlighted that technological change accelerated perceptions of time, and he predicted that by the 21st century, people would find it “increasingly painful to keep up with the incessant demand for change that characterises our time”, where change would come about “with waves of ever accelerating speed and unprecedented impact” (18). While Toffler could not have predicted the exact nature and detail of the specificities of day-to-day life in 2019, we suggest Toffler’s characterisation marks an insightful ‘jumping off’ point for further introspection. With Toffler’s concerns in mind, this issue of M/C Journal is interested in multiple ways that digital media influences and expresses conceptions of temporality in this historical period, the final weeks of 2019. On the basis of the pieces that comprise this issue, we take this concern further to politicise the temporal figurations of media, which we propose permeate all aspects of contemporary experience. Theoretically, this position pays homage to the work performed by Jay Bolter and Richard Grusin more than two decades ago. In 1996, Bolter and Grusin ruminated on the “the wire”, a fictional device that was the central focus of the film Strange Days (1995), a media gadget that could mediate experience from one subject to another, “pure and uncut, straight from the cerebral cortex” (311). For Bolter and Grusin, ‘the wire’ epitomised contemporary culture’s movement toward virtual reality, “with its goal of unmediated visual and aural experience” and they suggested that the film provided a critique of the historical mode “in which digital technologies are proliferating faster than our cultural, legal, or educational institutions can keep up with them” (313). For us, perhaps even more urgently, the wire epitomises the colonisation, infiltration and permeation of the production of temporal layers through media systems and devices into the subject’s direct experience. The wire symbolises, among many things, a simulation of the terrain of time according to the Jorge Luis Borges fable, that is, one-for-one.Contingent upon new shifts, and the academic literature which has sought to critique them thus far, in this editorial, we raise the contention that the technologies and operations of power brought about through the Fourth Industrial Revolution, and its media apparatus, have exposed the subject to a multiplicity of timescapes. In doing so, these configurations have finally colonised subjective experience of time and temporality.Consequently, we have specifically featured a broad selection of articles that explore and discuss the presence of online, mobile, or streamed media as the primary means through which culture understands, expresses, and communicates the world, and ideas around temporality. The articles featured herein explore the ways in which constructs of time organise (and are organised by) other constructs such as; neoliberalism (Bianchino), relaxation (Pont), clocks (Cambpell), surveillance, biopower, narrative (Glitsos), monetisation (Grandinetti), memorialising (Wishart), time travel (Michael), utopias and dystopias (Herb). Through the spectrum of topics, we hope to elucidate to the reader the ways in which digital culture performs and generates ontological shifts that rewrite the relationship between media, time, and experience.ContemporaneityA key concern for us in this issue is the idea of ‘contemporaneity,’ which has been discussed more recently in art theory and criticism by Terry Smith, and Peter Osborne, amongst others. Both Smith and Osborne use the term to articulate the effects of contemporary globalisation, transnationalism, and post-conceptual art. Smith reminds us that in contemporary society there isthe insistent presentness of multiple, often incompatible temporalities accompanied by the failure of all candidates that seek to provide the overriding temporal framework – be it modern, historical, spiritual, evolutionary, geological, scientific, globalizing, planetary. (196)As a result, artists are negotiating and critiquing multiple intersecting and contradictory time codes that pervade contemporary society in order to grapple with contemporaneity today. Yet, concerns with overlayed temporalities enter our everyday more and more, as explored through Justin Grandinetti’s piece, “A Question of Time: HQ Trivia and Mobile Streaming Temporality”, in which he interrogates mobile streaming practices and the ways in which new devices seek out every possible moment that might be monetised and ‘made productive.’Grandinetti’s concern, like the others featured in this issue, attends to the notion of time as evasive, contradictory and antonymous while forming a sense of urgency around the changing present, and also reconciling a multiplicity of time codes at play through technology today. The present is immediately written and archived through news media live feeds, GPS tracking and bio data in apps used for fitness and entertainment amongst others, while the pace of national television, print media, and local radio is folded through our daily experiences. Consequently, we’re interested in the multiple, and sometimes incompatible temporalities that emerge through the varied ways in which digital media is used to express, explore, and communicate in the world today beyond the arenas of contemporary art and art history that Smith and Osborne are primarily concerned with. ExperienceExperience is key. Experience may in fact be the key that unlocks these following conversations about time and the subject, after all, time is nothing if not experiential. Empirically, we might claim that, time is “conceived as the intervals during which events occur” (Toffler 21). However, of course one can only be if one is being in time. Through Bergson we might say that the individual’s perception of time manifests “rightly or wrongly, to be inside and outside us at one and the same time … . To each moment of our inner life there thus corresponds a moment of our body and of all environing matter that is ‘simultaneous’ with it” (205). Time is the platform through which experience of consciousness is mediated, thus the varying manipulations of time through media apparatuses are therefore inextricable with our lived ‘everyday’.E.P. Thompson might call this our “time-sense”, a kind of “inward notation of time” (58), however this rationalisation of time is amplified and complicated by digital media, as warned by Campbell in this issue. Campbell explores the performativity of publicly writing the self on social media that commodifies experience. An inward notion of time therefore becomes inverted and publicly performed through digital media, which is a key source of anxiety and control for individuals. In Toffler’s estimation, even by as early as the 1970s the technoscience of Western culture had “released a totally new social force” and he contends that this had reshaped the collective psyche witha stream of change so accelerated that it influences our sense of time, revolutionizes the tempo of daily life, and affects the very way we “feel” the world around us. We no longer “feel” life as men [sic] did in the past. And this is the ultimate difference, the distinction that separates the truly contemporary man [sic] from all others. (17)While Toffler was referring to a different technological context, he serves as a reminder that digital media amplifies pre-existing effects of technology. Therefore, while autofiction and the public writing of the self is not necessarily new, it is nevertheless key to contemporary feelings of acceleration and the temporal vernacular of contemporaneity – one that exacerbates the experiences of acceleration, inertia, and how we ‘feel’ the present and our presence in the world.In this issue we also wish to note the ways in which digital culture, and perhaps in particular new media platforms and narratives that permeate our homes, appear to be directing the Western “time-sense” (Thompson 80) away from metaphors constructed through the linear trope of ‘rivers’ or ‘streams’ and toward the more complex arrangements that we suggest are more suited to metaphors of ‘confetti’ or ‘snow’, as Laura Glitsos elucidates in her piece “From Rivers to Confetti: Reconfigurations of Time through New Media Landscapes”.As just one example, we might think of the multiplicity of ‘peculiar times’ built upon each other in the production, distribution, consumption and convergence of so many levels of digital media. In one sense, we might approach ‘peculiar times’ as the peculiarity of temporality in any given context. However, in another sense, we might also recognise the layering of standardisation which is then peculiar to each of the modes of production, consumption, and distribution (as laid out by Althusser and Balibar). As just one example, in the context of streaming services, we find the “flattening of historical frames” (Kaplan 144) in the scrolling back and forward on social media timelines (Powell 2). So perhaps our peculiar time speaks of the collapsing between ontological boundaries of past, present, and future—a kind of contemporaneity that splits between the peculiarities of production and consumption of digital media.StandardisationHistoriographies of time-sense in the Western tradition have been covered by thinkers as diverse as E.P. Thompson, Graeme Davidson, Bernard Stiegler, and Henri Lefebvre. While it is not our aim to repeat those narratives here, we concede some markers are crucial to note in order to set the context for our selected pieces. Beginning in the early- to mid- middle ages in Europe, up until the spread of clocks in the 14th century, time was largely related to processes, tasks or stages of light during the day, and time does still continues to exist in this way for some communities (Thompson 58). During this era, and of even back to the third century BCE, there were time-keeping technologies which could measure smaller increments of the day, such as the water-clock, the sun-dial, and the hour-glass, but everyday activities for the working people were largely regulated by natural or circadian rhythms (Thompson). It is perhaps these rhythms which served to shape the ‘inward notation of time’, in Thompson’s words, through the discourses of nature, that is through the language of streams and rivers—or ‘flows’.The 13th century saw the advent of mechanical time-keeping technology utilising what is called a “verge escapement mechanism”, that is, a “feedback regulator that controls the speed of a mechanical clock” (Headrick 42). About a century later, coupled with the emergence of puritanism, Thompson tells us that we start to see a shift in the construction of time which more and more depends on the synchronisation of labour (Thompson 70). Even so, working rhythms remain fairly irregular, still more suited to what Thompson describes as “a natural human rhythm” (71). This changes suddenly in the 19th century when, with the explosion of the Industrial Age, we witness the dominance of factory-time and, of course, the adoption and standardisation of railway-time across Britain, Europe, India and North America (Schivelbusch). The trend toward standardisation continues into the mid-20th century with what George Ritzer has famously called “McDonaldization” (2008). Thus, through the blanketing nature of 20th century “industrial capitalism” (Thompson 80), everyday experience became predicated on standardisation. Thompson tells us that these “changes in manufacturing technique … demand greater synchronization of labour and a greater exactitude in time-routines in society” (80). For Thompson, the “technological conditioning” of “time-sense” ushers in the model of “time-measurement as a means of labour exploitation” (80). This historical point is central to Giacomo Bianchino’s argument in “Afterwork and Overtime: The Social Reproduction of Human Capital”, in his discussion of the fundamental nature of capitalism in shaping time-sense. However, what we suggest is that this theme of ‘time-sense’ as shaped by the broader political economy of media is found within each of the pieces in the issue.A discussion of standardisation is problematic, however, in the wider conceptualisation of time as elusive, multi-dynamic and fractured. Surely, standardisation should at least come with the ability of certainty, in some respects. However, this is the paradox of the digital and new media age: That standardisation is both arbitrary and, in echo of Balibar and Althusser, ‘peculiar’ to an endless layering of separate time-streams. It is, perhaps, the jumping between them, which has become a necessary function of living in the digital age, that produces the sense of fracture, the loss of standard.This issue of M/C Journal explores the various ways in which the constellation of current media practices that are online, offline, embodied, and networked, collectively inform and express concepts of time. The feature article "With This Body, I Subtract Myself from Neoliberalised Time: Sub-Habituality & Relaxation after Deleuze", written by Antonia Pont, keenly asks how relaxation might be used to evade neoliberal machinations around organising time, efficiency, and productivity, all of which endanger a diversity of temporalities. While all media have their own unique limitations and affordances regarding influencing and expressing relationships to time, they are also impacted by current perceptions of uncertainty and neoliberal agendas that underlie the working relationships between people, the media that they engage in, and representations of the world.The feelings of inertia expressed by Toffler nearly 50 years ago has not only been accelerated through technological expansion, but by a layering of multiple time codes which reflect the wide range of media practices that permeate the contemporary vernacular. In 2019, concepts from the current post-Internet stage are beginning to emerge and we are finding that digital media fragments as much as it connects and unites. An ‘inward notion of time’ becomes brokered through automated processes, issues around surveillance, affect, standardisation, norms, nostalgia, and the minutiae of digital time.ReferencesAlthusser, Louis, and Etienne Balibar. Reading Capital. London: NBL, 1970.Ansell-Pearson, Keith, John Ó Maoilearca, and Melissa McMahon. Henri Bergson: Key Writings. New York: Continuum, 2002.Bolter, Jay, and Richard Grusin. “Remediation.” Configurations 4.3 (1996): 311-358.Davison, Graeme. The Unforgiving Minute: How Australia Learned to Tell the Time. Melbourne: Oxford UP, 1993.Headrick, M.V. “Origin and Evolution of the Anchor Clock Escapement.” IEEE Control Systems 22.2 (2002): 41-52.Johannessen, Jon-Arild. Automation, Innovation and Economic Crisis: Surviving the Fourth Industrial Revolution. Milton: Routledge, 2018.Kaplan, E. Ann. Rocking around the Clock: Music Television, Postmodernism, and Consumer Culture. New York: Methuen, 1987.Powell, Helen. Stop the Clocks! Time and Narrative in Cinema. London: I.B. Tauris, 2012.Ritzer, George. The McDonaldization of Society. Los Angeles: Pine Forge P, 2008.Schivelbusch, Wolfgang. The Railway Journey: The Industrialization of Time and Space in the Nineteenth Century. Oakland: U of California P, 2014.Smith, Terry. What Is Contemporary Art? Chicago: U of Chicago P, 2009.Thompson, E.P. “Time, Work-Discipline, and Industrial Capitalism.” Past and Present 38.1 (1967): 56-97.Toffler, Alvin. Future Shock. London: Bodley Head, 1970.