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Journal articles on the topic 'Labour and employment law'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 February 2022

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1

Joshi, Rama J. "LABOUR LAW AND FEMALE EMPLOYMENT." Equal Opportunities International 7, no. 4/5 (April 1988): 36–53. http://dx.doi.org/10.1108/eb010493.

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2

Zaccaria, Márton Leó. "Equal Employment in Hungarian Labour Law." Hungarian Yearbook of International Law and European Law 4, no. 1 (December 2016): 697–713. http://dx.doi.org/10.5553/hyiel/266627012016004001041.

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3

Gennard, John. "Labour Government: change in employment law." Employee Relations 20, no. 1 (February 1998): 12–25. http://dx.doi.org/10.1108/01425459810369814.

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4

Mervartová, Jana. "Illegal employment." Acta Universitatis Agriculturae et Silviculturae Mendelianae Brunensis 61, no. 7 (2013): 2507–14. http://dx.doi.org/10.11118/actaun201361072507.

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Since 2007 Labour Code contains the definition of dependent work, which can be carried out only in labour-law relations. The Amendment to Labour Code from 2012 makes the definition more precise, when it stipulates essential elements of dependent work and designates the others as conditions, under which dependent work should be carried out. The Amendment to Employment Act changes the definition of illegal work. Illegal work is a performance of dependent work by natural person except for labour-law relation, or if natural person – foreigner carries out work in conflict with issued permission to employment or without this permission. Since 2012 sanctions for illegal work were increased. Labour inspection is entitled to impose sanctions, in case of foreigners it is Customs Office. For control purposes employer is obliged to have copies of documents at the workplace proving the existence of labour-law relation. Goal of controls and high fines is to limit illegal employment of citizens of Czech Republic and foreigners as well. Illegal work has unfavourable economic impact on state budget. It comes to extensive tax evasions and also to evasions within health insurance and social security. If a concluded commercial-law relation meets the attributes of dependent work, then it stands for a concealed legal relationship. Tax Office can subsequently assess an income tax to businessman. Labour-law relationship enjoys a higher legal protection than commercial-law relationship; nonetheless it is not suitable to limit liberty of contract in cases when it is not unambiguously a dependent activity.
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5

Sobczak, André. "Are Codes of Conduct in Global Supply Chains Really Voluntary? From Soft Law Regulation of Labour Relations to Consumer Law." Business Ethics Quarterly 16, no. 2 (April 2006): 167–84. http://dx.doi.org/10.5840/beq200616219.

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Labour and employment law no longer has a monopoly on regulating labour relations and is facing a crisis as its effectiveness is questioned. Codes of conduct adopted by companies to recognise their social responsibility for the global supply chain are instruments that can usefully complement labour and employment law. The aim of this paper is to analyse in depth the legal nature of codes of conduct and their impact on labour and employment law. Will the use of codes of conduct reinforce the crisis of labour and employment law in the era of globalisation or will these codes be part of a solution to this crisis? Do we have to consider codes of conduct as competitors to labour and employment law or as an opportunity for rethinking the way that labour and employment law norms should be produced and applied?
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6

Knight, Thomas R. "Book Review: Labor and Employment Law: Labour Arbitration Yearbook, 1991." ILR Review 46, no. 1 (October 1992): 194–95. http://dx.doi.org/10.1177/001979399204600117.

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7

Huberman, Michael. "Book Review: Labor and Employment Law: The Law of the Labour Market: Industrialization, Employment, and Legal Evolution." ILR Review 60, no. 1 (October 2006): 142–43. http://dx.doi.org/10.1177/001979390606000109.

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8

Weiss, Manfred. "European employment policies." European Labour Law Journal 8, no. 2 (June 2017): 111–21. http://dx.doi.org/10.1177/2031952517712117.

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This article provides a critical analysis of the EU Employment Policies legal framework. The need to focus on both the quantitative and qualitative dimensions of labour is highlighted in the first part. The second part deals with the quantitative aspects, addressing the Employment chapter, State aid, and the freedom of movement for workers. The third part discusses the qualitative side – providing an overview on the EU labour law – and addresses the limitation of the EU’s legislative powers and the need for minimum labour standards. The conclusion underlines the difficulties to get further hard law and the soft law inadequacy.
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9

Kolben, Kevin. "Book Review: Labor and Employment Law: Globalization and the Future of Labour Law." ILR Review 61, no. 4 (July 2008): 580–82. http://dx.doi.org/10.1177/001979390806100408.

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10

Lyutov, Nikita. "Blurring the Definition of Employment Relations in Russia: Case Law on the General Notion and Some Atypical Forms of Labor." Teisė 113 (December 20, 2019): 190–204. http://dx.doi.org/10.15388/teise.2019.113.11.

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Transformation of Russian labour law in the last decades shows the clear trend to differentiation and fragmentation with constantly growing number of special norms covering specific (atypical) types of employment relationships. At the same time modern labour law reflects only some of recently appearing forms of employment, such as temporary agency work or telework. The paper deals with the definition of labor relations and some atypical forms of employment.
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11

Kilpatrick, C. "Has New Labour Reconfigured Employment Legislation?" Industrial Law Journal 32, no. 3 (September 1, 2003): 135–63. http://dx.doi.org/10.1093/ilj/32.3.135.

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12

Palmer, Stephanie. "Human Rights: implications for labour law." Cambridge Law Journal 59, no. 1 (March 2000): 168–200. http://dx.doi.org/10.1017/s0008197300000064.

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The author considers the potential of the Human Rights Act to influence the future of labour law. First, the development of common law can be based on fundamental human rights principles. Statutory interpretation of employment legislation can also be grounded on this potentially more principled approach. Second, the new legislation may hasten the development of a common law of privacy and provide greater protection for expression of political and religious views in the employment context. Third, it changes the criteria against which the propriety of restrictions in the employment relationship should be judged. It is likely that in judicial review cases the more rigorous proportionality standard rather than the Wednesbury unreasonableness test will be used. Finally, the effective application of human rights in the private sphere is likely since the Convention case-law, the debates in Parliament and the Act itself strongly suggest that the Convention rights will have an indirect effect. The domestic courts must take the opportunity to develop their own human rights standards.
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13

FREEDLAND, Mark. "Application of labour and employment law beyond the contract of employment." International Labour Review 146, no. 1-2 (March 2007): 3–20. http://dx.doi.org/10.1111/j.1564-913x.2007.00002.x.

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14

FREEDLAND, Mark. "Application of labour and employment law beyond the contract of employment." International Labour Review A146, no. 1-2 (March 2007): 3–20. http://dx.doi.org/10.1111/j.1564-913x.2007.tb00041.x.

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15

Ewing, Keith D., John Hendy QC, and Carolyn Jones. "The universality and effectiveness of labour law." European Labour Law Journal 10, no. 3 (September 2019): 334–38. http://dx.doi.org/10.1177/2031952519871760.

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This short article considers the Workers (Definition and Rights) Bill drafted by the Institute of Employment Rights as a possible solution to the intractable problem of employment status in the United Kingdom, to which Countouris and De Stefano refer. It does so in the context of ILO principles of ‘universality’ and ‘effectiveness’ of labour law, and three important ILO Declarations.
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16

Chernykh, N. V. "The Unity of Labor Law and Development of Atypical Employment: Interaction Problems." Lex Russica, no. 9 (September 18, 2020): 21–29. http://dx.doi.org/10.17803/1729-5920.2020.166.9.021-029.

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The paper investigates the issue of the unity of labor law in the context of development of legalization of so-called new, atypical forms of employment in European countries and their forthcoming (and partially already completed) legalization in the Russian Federation. The author has analized some negative features of atypical forms of employment, the preservation of which can threaten the unity and integrity of labor law. the paper highlights the inadmissibility of reducing the uniform standard of labor rights and focuses on problems in the institution of labour remuniration and protection. On the basis of the analysis of elements characterizing the unity of labor law, the author describes deviations from the classical features of labor relations that sometimes lead to shifting employers’ (entrepreneurial) risk on the person involved in hired labor.The author concludes that the extension of the scope of application of the provisions of Chapter 53.1 of the Labour Code of the Russian Federation (albeit in a very limited scope) to employees working in government authorities and the public sector is a very disturbing trend. Traditionally, the budget sphere is seen as low-paid stable employment. The introduction of non-permanent, atypical employment into the public sector reduces the low level of employment rights of employees in the public sector. The development of atypical forms of employment not only actively affect the informal employment sector, but also invade the field of “traditional” relations, setting incorrect directions of HR policies. In this regard, acts adopted by the legislator in the case of legalization of one of the atypical forms of employment must be strictly correlated with the fundamental principles of labor law, the concept of a uniform labor relation and basic rights of the employee, which will prevent the destruction of the unity of labor law.
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17

Doyle, Brian. "3. Disabled Workers, Employment Vulnerability and Labour Law." Employee Relations 9, no. 5 (May 1987): 20–29. http://dx.doi.org/10.1108/eb055105.

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18

Świątkowski, Andrzej Marian, and Marcin Wujczyk. "The Classification of Employment in Polish Labour Law." King's Law Journal 27, no. 2 (May 3, 2016): 165–69. http://dx.doi.org/10.1080/09615768.2016.1211381.

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19

Simutina, Yana. "Current Challenges of the Labour Law of Ukraine: On the Way to European Integration." Juridica International 27 (September 30, 2018): 88–93. http://dx.doi.org/10.12697/ji.2018.27.09.

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The article describes the main challenges facing labour law and its practice in modern conditions. In particular, the author concludes that the long and complex process of codifying the labour laws of Ukraine has, regrettably, not yet achieved its main objective – namely, to bring radical change from the old model of socialist labour. The draft Labor Code submitted for consideration would, in reality, introduces some cosmetic changes, which lack the ability to modernise Ukrainian labour law. It is emphasised that in the context of Ukraine’s European integration and the rapid development of innovative information technology, labour legislation should take into account and, in fact, legalise long-standing practices in atypical employment relationships, so as to ensure labour rights and guarantees for persons involved in such activities. The author presents various elements as necessary: revision to the legislative definition of an employment contract, further differentiation and clarification in the legal regulation of labour relations, and rejection of these relations’ ‘excessive regulation’. Also proposed is an approach that renders labour relations more flexible while maintaining and ensuring the fundamental rights of employees.
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20

Wilczyński, Robert. "Charakter i przedmiot porozumień zbiorowych z udziałem agencji pracy tymczasowej." Przegląd Prawa i Administracji 105 (January 27, 2017): 209–17. http://dx.doi.org/10.19195/0137-1134.105.14.

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NATURE AND SUBJECT OF COLLECTIVE AGREEMENTS INVOLVING THE TEMPORARY EMPLOYMENT AGENCYThe article presents the view of doctrine and jurisprudence relating to collective agreements involving the temporary employment agency. The specifics of temporary employment in which there are temporary work agency and the user employer acting at employer’s side makes collective agreements conditions much more complicated against those settled in the Labour Code. Collective agreements should play an increasing role in the system of sources of labour law. In particular, in non-standard forms of employment mainly at temporary work. Collective agreements in a more perfect way are able to reconcile the protective function of labor law and the need for flexibility of employment.
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21

Dubowik, Anna. "Ewolucja statusu prawnego inspektora pracy — uwarunkowania historyczne i ocena stanu obecnego." Przegląd Prawa i Administracji 118 (December 10, 2019): 183–208. http://dx.doi.org/10.19195/0137-1134.118.10.

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EVOLUTION OF THE LEGAL STATUS OF LABOUR — HISTORICAL ASPECTS AND ASSESSMENT OF THE CURRENT STATEIn the period before the Second World War labour inspectors had public-law status, and their employment was regulated by the Act on the State Civil Service of 1922. Contemporary employment relations of labour inspectors are regulated by the Act on the National Labour Inspectorate of 2007 PiP and the Labour Code. Labour inspectors are employees, employed at the first stage on the basis of an employment contract. The target basis for the employment inspectors is a nomination and in the case of managerial positions, appointment. The establishment of an employment relationship with labour inspectors as well as its content deviate in many respects from a contractual employment relationship regulated by the provisions of the Labour Code. Public-law elements can be found in the employment of a state labour inspector — non-contractual employment basis, special obligations and restrictions related to a public office. The Act of 2007 does not regulate the recruitment procedure for the position of labour inspectors, which is contrary to the constitution.
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22

Bell, Mark. "People with intellectual disabilities and labour market inclusion: What role for EU labour law?" European Labour Law Journal 11, no. 1 (October 21, 2019): 3–25. http://dx.doi.org/10.1177/2031952519882953.

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People with intellectual disabilities occupy a peripheral position in the labour market. They have low rates of participation in employment and this often takes the form of sheltered employment in settings segregated from persons without disabilities. Although their working lives have received limited attention in legal scholarship, this article argues that law can play a positive role in fostering greater inclusion. Taking into account the UN Convention on the Rights of Persons with Disabilities, this article analyses EU legislation and case law in order to identify how these apply to those working in sheltered employment and how they may assist in tackling barriers to participating in the open labour market. While EU labour law already contains measures that have the potential to improve the position of people with intellectual disabilities, the article identifies scope for enhancing the effectiveness of these instruments.
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23

Murphy, Clíodhna, David M. Doyle, and Muiréad Murphy. "‘Still Waiting’ for Justice: Migrant Workers’ Perspectives on Labour Exploitation in Ireland." Industrial Law Journal 49, no. 3 (November 7, 2019): 318–51. http://dx.doi.org/10.1093/indlaw/dwz023.

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Abstract Although there is a growing recognition that a labour law approach is well-placed to tackle migrant workers’ vulnerability to labour exploitation, empirical studies in this field are few and far between. This article explores how migrant workers subjected to severe and routine exploitation experience the Irish labour law framework in practice. Drawing on interviews with 23 workers, as well as legal and policy analysis, the research shows that those who have endured the ‘continuum’ between routine and severe labour exploitation have many commonalities in their lived experiences of labour conditions and law. It is argued that the key problems identified by this research—the intertwinement of employment and immigration enforcement; workers’ lack of awareness of employment rights; the ineffectiveness of labour inspections; the uncertain impact of undocumented status on employment rights and difficulties with enforcing employment awards—all point to the failure of institutional labour protections for migrant workers in Ireland. By enabling a more nuanced understanding of exploited migrant workers’ needs and perspectives, this study contributes to the ongoing debate on how to develop better regulatory and institutional conditions in Ireland and beyond.
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24

Osipova, S. V. "CIVIL LAW CONTRACTS RELATED TO LABOUR AND EMPLOYMENT CONTRACT." Juridical Journal of Samara University 4, no. 3 (October 27, 2018): 99. http://dx.doi.org/10.18287/2542-047x-2018-4-3-99-106.

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25

Pavlovskaya, Olga. "On Employment Relations as Part of Russian Labour Law." Law. Journal of the Higher School of Economics, no. 1 (March 10, 2017): 69–79. http://dx.doi.org/10.17323/2072-8166.2017.1.69.79.

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26

Chen, Yu-Fu, and Michael Funke. "China's new Labour Contract Law: No harm to employment?" China Economic Review 20, no. 3 (September 2009): 558–72. http://dx.doi.org/10.1016/j.chieco.2009.03.008.

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27

Lyutov, N. L. "LABOUR LAW ADAPTATION TO THE DIGITAL TECHNOLOGIES: CHALLENGES AND PERSPECTIVES." Actual Problems of Russian Law, no. 6 (July 18, 2019): 98–107. http://dx.doi.org/10.17803/1994-1471.2019.103.6.098-107.

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The article deals with two key challenges to the labour law associated with the digital technologies’ development: changing structure of employment in general (the shift of economy from industrial production to services’ model, emergence of the new professions accompanied with decline of the traditional ones, etc.) and transformation of employment relations because of the growing number of new types of work. The latter trend leads to the problem of erosion of the key traditional features of employment relations including the subordination and control by the employer. In the light of the first challenge, the author considers the issues of the most vulnerable group of workers — employees of the pensionary and pre-pensionary age.The second issue of transformation of employment leads the author to the proposal to start the academic debate concerning the perspectives of establishment of legal mechanisms of the economically dependent workers irrespective of their legal status (employment or civil law relations).
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28

Musiała, Anna. "“Dispersed” Public Authority in Labour Law: Systematic Dilemmas in Law Continued." Studia z zakresu Prawa Pracy i Polityki Społecznej 28, no. 1 (2021): 27–36. http://dx.doi.org/10.4467/25444654spp.21.003.13197.

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The doctrinal discussion on personal data protection regulated by the EU regulation, i.e. the GDPR, appears to re-create a vibrant and never-ending debate on the private law nature of the employer who does not implement the principle of freedom of contract when concluding a contract of employment. Because it is simply an entity pursuing public interests. The social labour inspector is a prototype of data protection officer in the field of labour law. As a matter of fact, he is also executing this “dispersed” public authority in labour law.
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29

Ford, Michael. "The Fissured Worker: Personal Service Companies and Employment Rights." Industrial Law Journal 49, no. 1 (December 25, 2019): 35–85. http://dx.doi.org/10.1093/indlaw/dwz022.

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Abstract A personal service company (PSC) is a form of intermediary with separate legal personality used as a vehicle to provide the labour of the individual who controls the PSC. The rapid growth of PSCs in recent years, and their potential to disguise employment status for tax purposes, have been the subject of much policy and legislation. But their detrimental effect on the employment rights, both individual and collective, has almost been ignored. Evidence shows that PSCs continue to increase at a faster rate than employment, are colonising sectors of the labour market characterised by dependent labour and are often imposed to avoid the duties owed to workers or employees. In this article, I analyse how the existing law might provide a means of protecting the labour rights of individuals who are engaged via PSCs, examining the statutory provisions specific to some legal rights and more general doctrines based on shams, labels and piercing the corporate veil. Although the law provides some protection in some circumstances, PSCs retain their allure as a means of avoiding employment rights. I discuss potential legislative solutions to this problem, which highlights the interaction of tax and employment law and the difficulties caused by relying on the bilateral contract as the keystone of labour rights.
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30

Gotthardt, Michael. "Effective enforcement of EU labour law: A comparative example." European Labour Law Journal 11, no. 4 (March 4, 2020): 403–12. http://dx.doi.org/10.1177/2031952520905385.

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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.
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31

Świątkowski, Andrzej Marian. "OVERVIEW OF WORKING CONDITIONS ON EMPLOYMENT PLATFORMS. REPORT FOR THE EUROPEAN UNION." Polityka Społeczna 556, no. 7 (July 31, 2020): 1–11. http://dx.doi.org/10.5604/01.3001.0014.3349.

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Employment platforms are a new and rapidly growing form of employment. Its specificity is based on modern electronic communication technology. Due to the digitization of the labor market, it is possible to establish and use without legal restrictions unregulated factual links between the provision of work-based services. The conditions of employment on platforms that are not controlled by established labour standards pose a real challenge to the generally binding rules of labour law in the common EU market. The author analyzes the challenges arising from the fourth industrial revolution in the report on employment conditions on work platforms presented to the European Union in 2020.
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32

Fourie, E. S. "Non-Standard Workers: The South African Context, International Law and Regulation by The European Union." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, no. 4 (July 4, 2017): 109. http://dx.doi.org/10.17159/1727-3781/2008/v11i4a2787.

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The current labour market has many forms of employment relations that differ from full-time employment. "Atypical," "non-standard," or even "marginal" are terms used to describe these new workers and include, amongst others, parttime work, contract work, self-employment, temporary, fixed-term, seasonal, casual, piece-rate work, employees supplied by employment agencies, home workers and those employed in the informal economy. These workers are often paid for results rather than time. Their vulnerability is linked in many instances to the absence of an employment relationship or the existence of a flimsy one. Most of these workers are unskilled or work in sectors with limited trade union organisation and limited coverage by collective bargaining, leaving them vulnerable to exploitation. They should, in theory, have the protection of current South African labour legislation, but in practice the unusual circumstances of their employment render the enforcement of their rights problematic. The majority of non-standard workers in South Africa are those previously disadvantaged by the apartheid regime, compromising women and unskilled black workers. The exclusion of these workers from labour legislation can be seen as discrimination, which is prohibited by almost all labour legislation in South Africa. This contribution illustrates how the concept of indirect discrimination can be an important tool used to provide labour protection to these workers. The purpose of this article is to explore the scope of the extension of labour rights to non-standard workers in the context of South African labour laws and the international framework.
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33

Toki, Masahito, and Elena V. Sychenko. "The features of Japanese labour law." Vestnik of Saint Petersburg University. Law 11, no. 3 (2020): 679–92. http://dx.doi.org/10.21638/spbu14.2020.310.

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This article considers the peculiarities of Japanese labour law that differ the most from the traditional Russian approach to labour regulation. The authors sought to fill the information vacuum in Russian legal scholarship dedicated to Japanese law, as well as to examine the unique features of this branch of law. It is impossible to consider, in one article, an exhaustive list of questions about Japanese labour law, which are of interest to researchers. Therefore, the choice of topics for analysis was dictated by two types of considerations: the uniqueness of Japanese regulation and the relevance of the topic to Russian reality. Within the first group, the authors examined the peculiarities of the arrangement, modification, and termination of employment contracts in addition to the features of the wage structure. Also, the practice of exercising the employer’s right to order the employee to stay at home while continuing to pay wages is analysed due to the absence of a clause in Japanese law on the right of the employee to be provided with work. In the second group, the issue of an employment policy for elderly people in Japan was considered as it is relevant for Russia in light of the recent pension reform. The methodological basis of the study was the use of a functional comparative method. The use of this method allowed the authors to ascertain greater flexibility in Japanese labour law regarding changes in working conditions, and a higher degree of labour mobility in comparison to Russia.
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34

Wang, Fuxi, Bernard Gan, Yanyuan Cheng, Lin Peng, Jiaojiao Feng, Liquian Yang, and Yiheng Xi. "China’s Employment Contract Law: Does it deliver employment security?" Economic and Labour Relations Review 30, no. 1 (February 7, 2019): 99–119. http://dx.doi.org/10.1177/1035304619827758.

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During its transition to a market economy, structural inequalities became increasingly apparent across China’s workforce, threatening social harmony. China’s 2008 Employment Contract Law, legislated amid policy debate, was intended to remedy these phenomena. We examine a crucial element of its remit: has its promotion of continuing contracts as against fixed-term employment contracts been effective? This is crucial for improving workers’ rights through secure employment. How have employers responded to this challenge to their prerogatives in terms of hiring and firing? We analysed data from 2007 and 2012 drawn from All-China Federation of Trade Unions surveys, which cover approximately 80,000 individuals. Using institutional theory, we discuss a variety of employer responses. We find that the Employment Contract Law has increased the likelihood of signing continuing contracts among migrant workers, employees in privately owned enterprises, and those with lower professional titles and who are short-term employees – all disadvantaged labour market categories previously. It has also significantly narrowed gaps regarding access to continuing contracts between these categories and matched advantaged ones. There is also evidence that some employers seek to avoid or sidestep compliance through cost-minimising worker engagement strategies. JEL Codes: J41, J53, K31
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35

Fairey, David B. "Exclusion of Unionized Workers from Employment Standards Law." Articles 64, no. 1 (March 30, 2009): 112–33. http://dx.doi.org/10.7202/029541ar.

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The technique of permitting unions to derogations from core employment standards has been increasingly advocated as a means of making labour law more flexible while still protecting workers since the union is considered to bring countervailing power in support of workers’ preferences. The new British Columbia Employment Standards Act contains a broad union derogation provision. Industrial relations experts have commented that employment standards that permit the opting out of statutory employee protections in this way invites corrupt arrangements between employers and employer-dominated unions. Using the new BC statute as a case study, the assumption that requiring the union’s consent to derogation from core standards ensures that the derogation reflects workers’ preferences is tested using two sources of empirical data: collective agreements entered into by an employer friendly union (the Christian Labour Association of Canada); and collective agreements in which the union had neither the opportunity nor the strength to prevent derogation.
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36

Simutina, Yana. "Labour law defects and means of overcoming them." Yearly journal of scientific articles “Pravova derzhava”, no. 32 (2021): 314–22. http://dx.doi.org/10.33663/0869-2491-2021-32-314-322.

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Introduction. Defects in labour law are certainly a negative phenomenon. They can be used by unscrupulous employees or employers, violating the rights and legitimate interests of the other party to the employment relationship. In addition, defects in legal norms create obstacles to proper law enforcement, which, in turn, threatens to misinterpret them and is also the cause of conflicting law enforcement practices. The aim of the article is to clarify the general characteristics of defects in labor law, their negative impact on law enforcement practice, as well as to outline some ways to prevent and overcome defects in labor law. Results. The article is devoted to the study of defects in labour law, their varieties and characteristics. The author's attention focuses on the issue of the negative impact of defects in labor law, in particular, law enforcement practice. The most common defects in labour law are analyzed. The necessity of legislative consolidation of the principle of good faith of the parties to labour relations in labour legislation is justified. The Supreme Court plays a significant role in identifying and overcoming defects in labour law at the stage of law enforcement in labor disputes. The existing court practice is a kind of litmus test of which norms of the current labour legislation are defective, ineffective, ambiguous, etc. In this regard, it seems appropriate when finalizing the draft of the new Labour Code of Ukraine to pay more attention to case law and analyze the legal position of the Supreme Court in disputes arising from labor relations, in order to identify the most common defects of labour law and prevent them at the rule stage. Conclusions. The defects in labour legislation can be prevented both at the stage of adoption of a normative legal act by formulating the idea of the draft law, its concept, and carrying out its proper examination. At the stage of legal implementation, defects can be eliminated by introducing amendments and additions to the normative act and/or by eliminating defective labour law norms. It is possible to overcome defects in the process of law enforcement with the help of methods of interpretation, application of analogy of law and analogy of lex.
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Isaac, Joe. "Collective Bargaining under Trade Practices Law." Economic and Labour Relations Review 19, no. 1 (November 2008): 39–56. http://dx.doi.org/10.1177/103530460801900104.

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The Howard Government, supported by the Labor Opposition, legislated in 2007 to enable small businesses to engage in collective bargaining with large businesses under the Trade Practices Act. The object of the legislation is to facilitate greater equality in the bargaining power of the parties. Except where the small business sells goods/commodities rather than a service, a person who is ‘employed’ and the business that provides a ‘service’ are both effectively involved in the sale of labour or in the performance of work in the labour market. However, the legal concepts and procedures relating to collective bargaining in these two types of labour transactions are different. One, the ‘employment’ of persons, is placed in the category of workplace relations operating through labour law; the other, the ‘sale of services', is viewed as a commercial transaction, dealt with through commercial law. This paper considers the question of whether there are sufficiently significant differences between these labour/service transactions as to justify the application of two separate sets of laws to deal with them — one to cover transactions between employers and employees, and the other to cover transactions between small and large businesses. A case study will be used to illustrate the involved and unsatisfactory approach of the commercial law route in determining what is in essence a labour transaction rather than a commodity transaction.
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Mangan, David. "Covid-19 and labour law in Ireland." European Labour Law Journal 11, no. 3 (July 6, 2020): 298–305. http://dx.doi.org/10.1177/2031952520934567.

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Similar to many other European countries, the Irish Government has attempted to address the employment implications of the Covid-19 pandemic through a mixture of income support schemes. Coming with the repercussions of the Great Recession remain in memory and the toll that took on the Irish banking sector, the Government seems to have endeavoured to take an approach that may be more conservative as compared to other EU Member States.
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Bennaars, Hanneke. "Covid-19 and labour law in the Netherlands." European Labour Law Journal 11, no. 3 (July 6, 2020): 324–31. http://dx.doi.org/10.1177/2031952520934587.

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Against the backdrop of an ‘intelligent lockdown’ the Dutch government has launched a threefold emergency package to support businesses and safeguard employment as much as possible. This ‘Emergency Jobs and Economy Package’ contains, amongst others, measures that aim to ensure the safeguarding of income and salaries for employees as well as self-employed workers. It concerns mainly subsidy law and the extension of social security legislation, not employment law. However, the safeguarding of income for employees (NOW) entails a fine on redundancies during the period of support. Not only employees, but also self-employed workers can apply for income support. From a health and safety perspective (during lockdown as well as going forward to relaxation), no specific national measures have been taken. The general rules on social distancing and hygiene have to be implemented as part of the general obligation to provide a safe working place. No specific care arrangements for working parents that have to work from home have been put in place.
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Davies, P. "Labour markets, welfare, and the personal scope of employment law." Oxford Review of Economic Policy 16, no. 1 (March 1, 2000): 84–94. http://dx.doi.org/10.1093/oxrep/16.1.84.

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41

Deakin, Simon. "Labour law and the developing employment relationship in the UK." Cambridge Journal of Economics 10, no. 3 (September 1986): 225–46. http://dx.doi.org/10.1093/oxfordjournals.cje.a034997.

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42

Thornthwaite, Louise. "Chilling times: social media policies, labour law and employment relations." Asia Pacific Journal of Human Resources 54, no. 3 (July 2, 2015): 332–51. http://dx.doi.org/10.1111/1744-7941.12074.

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43

Fudge, Judy. "The future of the standard employment relationship: Labour law, new institutional economics and old power resource theory." Journal of Industrial Relations 59, no. 3 (May 9, 2017): 374–92. http://dx.doi.org/10.1177/0022185617693877.

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This article addresses two questions about the standard employment relationship that have become prominent in labour law literature: Does it exacerbate inequality? Is its decline inevitable? The focus is on the second question and emphasizes the extent to which the standard employment relationship was both embedded in, and the outcome of, an institutional ensemble that was fashioned out of the post-war capital–labour compromise in industrialized democracies. The analysis proceeds in three steps. The first is conceptual and stresses the distinctive nature of labour as a fictive commodity, and the recurring regulatory dilemmas that arise in any attempt to institutionalize a labour market. The second step historicizes and contextualizes the employment relationship, emphasizing politics and conflict (power resource theory) over rational choice and coordination (new institutional economics) as the basis for its institutionalization. The emphasis on politics, power and labour leads to the third step, which focuses on how the broad process of financialization influences three key institutions – the large manufacturing firm, the democratic welfare state and autonomous trade unions – that have been crucial for the development of the standard employment relationship.
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Olivier, Marius, and Avinash Govindjee. "The Inter-Relationship between Administrative Law and Labour Law: Public Sector Employment Perspectives from South Africa." Southern African Public Law 30, no. 2 (December 1, 2017): 319–46. http://dx.doi.org/10.25159/2522-6800/3583.

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The legal position of public sector employees who challenge employment decisions taken by the state or organs of state in its/their capacity as employer in South Africa has long been problematic. Even though at least four judgments by the Constitutional Court of South Africa have considered whether employment-related decisions in the public sector domain do or could amount to administrative action and whether administrative law and/or labour law should be applicable for purposes of dispute resolution, legal uncertainty remains the order of the day due to a combination of factors. The authors assess whether (and to what extent) the rich South African administrative-law jurisprudence remains of importance in relation to the public employment relationship, bearing in mind the applicable legal considerations, including the inter-relatedness, interdependence and indivisibility of the range of applicable fundamental constitutional rights. Considering the debate in other jurisdictions on this issue, the authors develop a paradigm for situating different employment-related disputes as matters to be decided on labour and/or administrative-law principles in South Africa. This requires an appreciation, to the extent relevant, of the unique nature public sector employment relationships and a detailed investigation of the applicable legal sources and precise parameters of the cases already decided in the country. The position of employees deliberately excluded from the scope of labour legislation is analysed, for example, as is the legal position of high-ranking public sector employees. The outcome of the investigation is important for determining the legal principles to be applied in cases involving public sector employees in their employment relationship, and for purposes of determining the question of jurisdiction. Recent cases, for example where the courts have permitted the state, as employer, to review its own disciplinary decision (via a state-appointed chairperson of a disciplinary hearing) on the basis that this amounts to administrative action which is reviewable, are also examined in the light of the uncertainty regarding the precise nature and scope of the review.
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Deakin, Simon. "The Use of Quantitative Methods in Labour Law Research." Social & Legal Studies 27, no. 4 (March 8, 2018): 456–74. http://dx.doi.org/10.1177/0964663918760385.

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This article considers the potential and limits of quantitative approaches to labour law research. It explores the methods used to construct and validate indicators of labour regulation (‘leximetrics’) and those used in the econometric analysis of the effects of labour law rules on employment, productivity and inequality. It is argued that while there is a risk of the misuse and misappropriation of legal indicators, they can provide new evidence on the nature and effects of labour law rules, and thereby contribute to labour law theory as well as to the resolution of some practical issues of regulatory policy.
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Brollo, Marina, and Caterina Mazzanti. "Protection of skills in employment relationships and in the labour market." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 39, no. 4 (2019): 1809–20. http://dx.doi.org/10.30925/zpfsr.39.4.12.

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Globalisation and technological changes have a dramatic impact on the labour market. For this reason, skills need to be strengthened and protected and workers have to respond to these great transformations by improving their professionalization. Focusing the attention on the Jobs Act, this paper offers an overview of the change that Italy may undertake, analysing the most innovative aspects of the new reform and paying particular attention to the protection of skills within the employment contract and the labour market. In this regard, the research highlights how the Jobs Act has strengthened the protection of skills. On the one hand, it specifies that in case of ‘changes in job tasks’ the employer shall provide training activities in order to develop the employee’s skills (art. 2103 Civil Code). On the other hand, from the perspective of the labour market, it provides efficient active labour market policies in order to tackle the lack of skills protection. These are all considerable positive steps: the Jobs Act Reform represents a move in the right direction and the first important step towards the development of an enhanced skill system.
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Willborn, Steven L. "Book Review: Labor and Employment Law: Individual Employment Law and Litigation." ILR Review 44, no. 4 (July 1991): 763. http://dx.doi.org/10.1177/001979399104400415.

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Sergiy, Savchuk. "International legal regulation of non-standard forms of employment." Yearly journal of scientific articles “Pravova derzhava”, no. 31 (2020): 522–32. http://dx.doi.org/10.33663/0000-0002-3162-2369.

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The article is devoted to the research of international experiences in the area of regulation of non-standard forms of employment. Currently, the issues relating to labour rights are regulated by an entire system of international instruments, including the Charter of the United Nations (1945), the Universal Declaration of Human Rights (1948), the International Covenant on Economic, Social and Cultural Rights (1966), as well as Conventions and Recommendations of International Labour Organization. In addition, according to the Article 424 of Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (2014), our country shall ensure gradual approximation to the EU law, standards and practices in the area of employment, social policy and equal opportunities. The article provides an analysis of ILO Conventions and Recommendations as well as EU Directives on issues of temporary employment, part-time work, on-call work, outstaffing and other multiparty labour relations; disguised labour relations and dependent self-employment. It pays special attention to reflect subcontractual relations in the provisions of international labour law. It is concluded that even though subcontractual relations cannot be directly covered by labour law, some ILO Conventions and EU Directives reflect them in their provisions. It draws conclusion that despite the fact that non-standard forms of employment emerged almost along with standard labour relations, the regulation of the former at the level of international instruments appeared only in the second half of the XXth - beginning of the XXIst centuries. At present, non-standard forms of employment are covered by international instruments only partially. At the same time, such coverage is not comprehensive nor focused specifically on non-standard employment. The provisions of the ILO and EU instruments are characterized by a harmonious co-relation regarding the regulation of non-standard forms of employment. This is due to the fact that many EU member states have ratified ILO Conventions addressing non-standard forms of employment.
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Yadav, Chhote Lal. "An introduction of cultural rights of labour in Maritime employment in India." International Journal of Law and Management 62, no. 2 (March 23, 2020): 139–45. http://dx.doi.org/10.1108/ijlma-03-2019-0064.

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Purpose The purpose of this paper is to discuss the cultural rights of labour in maritime employment a conceptual understanding. Design/methodology/approach The paper is qualitative in nature which deals the maritime employment policies, rules and regulations related to cultural rights in India. Findings This conceptual research paper gives an introductory framework of the cultural rights of labour in maritime employment in India. Research limitations/implications This research paper would be helpful to the maritime entities and researchers to looking the issue of cultural rights aspects of labour in maritime employment. Originality/value This paper is one of the cultural rights approaches with respect to labour in maritime employment in India.
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Susanto, Eko Adi. "Labour Rights Protection in Industrial Relations Issues." Rechtsidee 2, no. 2 (December 1, 2015): 109. http://dx.doi.org/10.21070/jihr.v2i2.78.

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Many violations of the terms of employment at Surabaya, employment protection and working conditions for workers who are not provided by employers to the maximum, according to the legislation in force, while the legal protection for workers constrained because of the weakness in the system of employment law, both the substance and the culture built by governments and companies. How To Cite: Susanto, E. (2015). Labour Rights Protection in Industrial Relations Issues. Rechtsidee, 2(2), 109-120. doi:http://dx.doi.org/10.21070/jihr.v2i2.78
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