Law and fair work in China Cooney, Sean; Biddulph, Sarah; Zhu, Ying
2013., 2013, 20130305, 2012, 2013-03-05
eBook
"China's economic reforms have brought the country both major international clout and widespread domestic prosperity. At the same time, the reforms have led to significant social upheaval, ...particularly manifest in labour relations. Each year, several hundred thousand disputes break out over working conditions, many of them violent, and the Chinese state has responded with both legal and political strategies. This book investigates how Chinese governments have used law, and other forms of regulation, to govern working conditions and combat labour disputes. Starting from its beginnings in the Republican period the book traces the evolution of the law of work in modern China right up to the reforms of the present day. It goes on to consider the structure of Chinese work law, drawing on both Chinese and Western scholarship to provide new insights into its unique features and assess where the law is innovative and where it is stagnant and unresponsive. Finally, the authors explore the various legal and extra-legal techniques successive Chinese governments have adopted to enforce employment law and the responses of firms, workers and organizations to these practices"--
This volume, comprising three parts and ten chapters, all of them peer- reviewed essays, arises from the work of the Swedish Network for European Legal Studies. Its focus is on labour and social ...security law. The chapters, written by distinguished legal researchers associated with Swedish universities, provide insight into a range of topical and important developments, seeking new and interesting perspectives. Sweden has been a member of the European Union since 1995, and EU law and European law perspectives have been well integrated into Swedish labour law and social security law research. Within the European Social Model and the European Welfare State, Sweden (and to some degree the other Nordic countries as well) can be said to represent a specific system, as regards both labour law and industrial relations and social security law. In terms of influential comparative typologies or models (naturally 'flawed' by a certain element of vagueness and simplification, but also very helpful in analytical and pedagogical respects), Sweden has been described as a representative of, inter alia, a Nordic legal family, a Nordic labour law model, a social-collectivist industrial relations system, a consensual industrial relations system, a social-democratic welfare state regime, a Scandinavian social security law system (a 'sub-group' of the Beveridge system), and a coordinated market economy. But since 1995 EU law and European law perspectives have been extensively integrated into existing Swedish labour and social security law, and the chapters in this book go a long way in illustrating the far-reaching and multifaceted ways in which Swedish law has been 'Europeanised'.
The Employee Vinel, Jean-Christian
07/2013
eBook, Book
In the present age of temp work, telecommuting, and outsourcing, millions of workers in the United States find themselves excluded from the category of "employee"-a crucial distinction that would ...otherwise permit unionization and collective bargaining. Tracing the history of the term since its entry into the public lexicon in the nineteenth century, Jean-Christian Vinel demonstrates that the legal definition of "employee" has always been politically contested and deeply affected by competing claims on the part of business and labor. Unique in the Western world, American labor law is premised on the notion that "no man can serve two masters"-workers owe loyalty to their employer, which in many cases is incompatible with union membership.The Employee: A Political Historyhistoricizes this American exception to international standards of rights and liberties at work, revealing a little known part of the business struggle against the New Deal. Early on, progressives and liberals developed a labor regime that, intending to restore amicable relations between employer and employee, sought to include as many workers as possible in the latter category. But in the 1940s this language of social harmony met with increasing resistance from businessmen, who pressed their interests in Congress and the federal courts, pushing for an ever-narrower definition of "employee" that excluded groups such as foremen, supervisors, and knowledge workers. A cultural and political history of American business and law,The Employeesheds historical light on contemporary struggles for economic democracy and political power in the workplace.
Employment law Masselot, Annick; Reilly, Amanda
New Zealand law review,
2022
2
Journal Article
Peer reviewed
Discusses the impact COVID-19 has had on employment law in New Zealand, focusing on issues around remuneration, dismissal in lockdown, and vaccination. Highlights new legislation and case law ...including developments in relation to the definition of employee in s 6 of the Employment Relations Act 2000 (ERA); issues relating to holiday pay; and the scope of the Employment Relations Authority’s jurisdiction. Anticipates the future of employment law by alerting to several relevant developments with the potential to affect employment law. Source: National Library of New Zealand Te Puna Matauranga o Aotearoa, licensed by the Department of Internal Affairs for re-use under the Creative Commons Attribution 3.0 New Zealand Licence.
Regulating flexibility Thomas, Mark P
Regulating flexibility,
c2009, 20090424, 2014, 2009, 2009-04-24
eBook
Using an analytic framework that situates employment standards within the context of the broader social relations that shape processes of labour market regulation, Thomas constructs a case study of ...employment standards legislation in Ontario from 1884 to 2004. Drawing from political economy scholarship, and using a qualitative research methodology, he analyses class, race, and gender dimensions of legislative developments, highlighting the ways in which shifts towards "flexible" employment standards have exacerbated longstanding racialized and gendered inequities. Regulating Flexibility argues that in order to counter current trends towards increased insecurity, employment standards should not be treated as a secondary form of labour protection but as a cornerstone in a progressive project of labour market re-regulation.
Many governments, large institutions, and collective actors rely on the principle of solidarity to embed social policies on firm normative and legal grounds. In this original volume, a ...multidisciplinary roster of scholars come together to examine the contributions – and challenges –implicit in relying on the idea of solidarity to 'inscribe' this principle in social policies. Chapters explore how the dependence on the solidarity principle, and especially on inclusive understandings of solidarity, can strengthen or weaken institutions and movements. The volume's contributors cover developments across decades with a multilevel approach exploring dynamic interactions between local, national, and supranational arenas in pursuing and adjudicating the solidarity principle. Unique and innovative, Inscribing Solidarity examines the implications and dynamics of solidarity across a variety of terrains to illuminate its concrete limitations and specific advantages. This title is also available via Open Access on Cambridge Core.
The labour laws of European democracies all underwent major transformations in the seven decades after the Second World War. Following reconstruction, these laws became an essential element in the ...building of welfare states; in the 1980s and 1990s they were the target of neo-liberal deregulation; and at the beginning of the 21st century new ‘flexible’ labour laws have attempted to integrate economic and social policy. This book, a sequel to ‘The Making of Labour Law in Europe-A Comparative Study of Nine Countries up to 1945’ (ed. B Hepple), compares the similarities and differences in the ways in which EU Member States reflected and shaped these general developments, in the context of economic, social and political changes over the period 1945-2004. Note: the Publishers are issuing a reprint of the first volume, ‘The Making of Labour Law in Europe – A Comparative Study of Nine Countries up to 1945’ to coincide with publication of the sequel. The great strength of the collection is on the focus on context, with chapters looking at developments in labour market trends and structures of worker representation.
