Employment and labour law: general Books

Book SynopsisThis is an extremely insightful book on an important and timely topic - how to get women on to corporate boards. I am proud to have been a part of the discussion and processes presented in this book, and I am impressed by how the editors have put together a systematic and comprehensive overview of the snowball effects of the Norwegian gender balance law. This book will definitely be influential when policy-makers and politicians in various countries are considering voluntary actions or legal regulations to empower women in corporate life.'- Kjell Magne Bondevik, Director, Oslo Centre for Peace and Human Rights and Former Prime Minister of Norway (1997-2000 and 2001-2005)'This book provides significant and important insight into the continuing challenge in getting more women on to corporate boards globally. Catalyst has always believed that competing in a global economy requires that companies leverage the talents of both men and women leaders. This book's evidence-based reflections about gender balance in the boardroom, from Norway and beyond, help further the dialogue on this important business issue.'- Ilene H. Lang, President and CEO, CatalystThis book provides unique insights into how the idea of quota laws to get women on to corporate boards gained international momentum from its origins in Norway. Invaluable insights are gained through the stories of actors involved in shaping the discourse and practice on women of boards.In exploring political contexts, the role of the advocacy movement, experiences of women directors themselves and latest research findings, the contributors provide a comprehensive overview of the rationales, processes and outcomes of formal approaches to gender diversity on boards. Drawing on insights from political, business and academic actors, the book discusses how and why the Norwegian law on gender equality on corporate boards is turning into a blueprint for action internationally.Getting Women on to Corporate Boards will prove an invaluable resource for policy-makers, principle-setters, practitioners and students interested in the international lessons from Norway, as well as for current and potential female directors.Contributors: K. Bergstø, H. Bjørkhaug, A. Bolsø, M. Brogi, A.D. Bührmann, L. Dåvøy, C. Finocchi Mahne, H. Foust-Cummings, K. Hansen, V. Heidenreich, E. Hurvenes, M. Huse, G. Ladegård, M. Lütken, S. Machold, D.P. Moore, I.R. Myhre, N.H. Nergaard, V. Reding, M. Schulz-Strelow, R. Sealy, C. Seierstad, S.Ø. Sørensen, E.G. Standal, M. Torchia, S. Vinnicombe, D. Weber-Rey, C. Wetli, T. WidveyTrade ReviewThis slim but informative volume contains contributions from practitioners, policy-makers, principle-setters, advocacy groups and researchers on gender balance in the boardroom, the outcomes of the Norwegian quota law and its snowball effects in other countries...The book contains personal stories and research from around the world. . . The stories of the Norwegian pioneers were of most interest to me, providing color and a clearer picture of what was involved - more than any piece of statistical research can deliver. However, the book also has much to offer to Americans and others who must argue not for justice but bottom line performance...Whether you are interested in micro or macro issues of economics, politics or justice - it delights. --James McRitchie, CorpGov.netTable of ContentsContents: Introduction Morten Huse and Marina Brogi PART I: THE NORWEGIAN POLITICAL BACKGROUND 1. The Political Process Behind the Gender Balance Law Morten Huse 2. Women on Board Laila Dåvøy 3. Women Mean Business: Why and How Norway Legislated Gender Balance on the Boards of Listed Companies Kirsti Bergstø 4. Concluding Remarks to Part I Morten Huse PART II: NORWEGIAN AND INTERNATIONAL ADVOCACY 5. Institutionalizing Women’s Representation on Boards: An Introduction to the Advocacy Movement Silke Machold 6. Competence at Board Level: The Norwegian Case Elbjørg Gui Standal 7. Professionalizing Boards: The Work of the Professional Boards Forum Elin Hurvenes 8. The Swiss Case of Women on Boards of Directors Christine Wetli 9. Boards and Role Models for Supporting the Climb Upwards: Italy and Women Corporate Directors (WCD) Cristina Finocchi Mahne 10. Research and Considerations Regarding Women on Boards Heather Foust-Cummings 11. Concluding Remarks to Part II Silke Machold PART III: NORWEGIAN BOARD MEMBERS: STORIES FROM THE FIELD 12. Characteristics and Background of the Norwegian Women Directors Morten Huse 13. Stories from Four Norwegian Multi-board Women Nini Høegh Nergaard, Merete Lütken, Thorhild Widvey, Ingvild Ragna Myhre and Morten Huse 14. Concluding Remarks to Part III Morten Huse PART IV: LESSONS FROM RESEARCH ON GENDER ON BOARDS 15. Women on Boards: What We Know, What We Do Not Yet Know and How We Should Further Advance Knowledge Katrin Hansen 16. Women on Boards: The United States in a Global Comparison Dorothy Perrin Moore 17. Consequences of the Norwegian Gender Quota Regulation for Public Limited Company Boards Vibeke Heidenreich 18. Women Directors and Corporate Innovation: A Critical Mass Perspective Mariateresa Torchia 19. Gender-balanced Corporate Boards Agnes Bolsø, Hilde Bjørkhaug and Siri Øyslebø Sørensen 20. Gender Quotas on Corporate Boards in Norway, Necessary But Not Ideal Cathrine Seierstad 21. Legitimacy, Inclusion and Influence: Investigating Women Directors’ Board Experiences Gro Ladegård 22. Lessons from Previous Research on Women on Board for Future Research Andrea D. Bührmann 23. Concluding Remarks to Part IV Katrin Hansen PART V: POLICY IMPLICATIONS AT THE INTERNATIONAL LEVEL 24. Policy Approaches to Gender Diversity on Boards: An Introduction to Characteristics and Determinants Silke Machold and Katrin Hansen 25. Women on Boards: Lessons Learnt from Norway Monika Schulz-Strelow 26. Professionalization on the Supervisory Board, Diversity and Women Daniela Weber-Rey 27. Italy’s Lessons Learnt from Norway Marina Brogi 28. Women on Boards in the UK: Accelerating the Pace of Change? Ruth Sealy and Susan Vinnicombe 29. Winning the Board Game: Europe’s Economy Needs More Women in Business Viviane Reding 30. Concluding Remarks to Part V Katrin Hansen and Silke Machold Conclusions Katrin Hansen and Silke Machold Index

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Book Synopsis'This volume presents precisely the types of problems facing HR professionals in multinational corporations and reveals the many challenges of bridging across cultures and legal systems.'- Howard Salazar, Manager of HR Operations, Harley-Davidson Motor Company, US'In aligning human resource management with the legal requirements in different countries, multinational corporations have to simultaneously stay true to their corporate culture and honor the distinct cultures where they do business. This volume provides deep insights for navigating this terrain in the 21st Century.'- Pat Canavan, Senior Vice President for Global Governance, Motorola Corporation (retired), US'Leading a global HR function requires a deep appreciation of many cultures and laws, which are at the center of this important new book. Organizing the learning around tangible problems is a great approach - valuable for experienced practitioners and newly appointed HR professionals alike.'- Cheri Alexander, Vice President, HR International Operations, General Motors (retired), USMultinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected to work closely with colleagues located in many different countries and seek comparable treatment. This critical volume offers a comprehensive analysis of how these contradictory issues are dealt with in five countries - Australia, Brazil, Germany, Japan and the United States.The authors identify six key areas that present the most typical challenges: employee voice (unionization and works councils), discrimination, privacy, wrongful dismissal, compensation and benefits administration, and global supply chain and labor standards. Working within these broad categories, legal experts from each country offer a detailed breakdown of twenty commonly confronted human resource problems and the ways in which national laws affect their solutions. Using a unique combination of primary sources, discussion questions and expert analyses, this pioneering volume provides readers with a new and intensive picture of human resource management across the world.Human resources managers and other practitioners will find this book an indispensable resource. The structure and approach make it an ideal classroom text for students of business and management, labor law and other related fields. Instructors from other than the five countries can easily supplement analysis of the problems by reference to their domestic systems, which gives this work added flexibility and relevance.Trade Review'HR professionals at multi-national employers need to understand the legal and employment context of the countries that they do business in - particularly the differences. In this book, key issues are presented via case problems across five of the major global economies, building the comparative and critical thinking skills which are essential to an effective HR leader operating in any country.' --Andrew Bartlow, HR Director, Apollo Group, US'The great merit of this book is, in my view, the problem oriented approach which forces the authors of the different countries to focus on the same factual situation and put it into the legal context of each country. Thereby, it becomes possible to show that the legal instruments may differ very much in each country. . . In this respect the book not only fills a gap but provides an important innovation.' --Manfred Weiss, Goethe University, Frankfurt am Main, Germany'The problem-solving approach adopted in this book makes it an excellent teaching and learning tool for human resource managers and their lawyers in multinational corporations. The notes, questions and comments should stimulate research and wider discussion of key issues in modern employment law and practice.' --Professor Sir Bob Hepple QC, University of Cambridge, UKTable of ContentsContents: PART I: INTRODUCTION A. Sketches of the Labor and Employment Law Systems B. Some Demographic Context PART II: EMPLOYEE VOICE: COLLECTIVE BARGAINING, CO-DETERMINATION, INFORMATION SHARING AND CONSULTATION Introduction Directive 2002/14 EC Problem 1: Collective Bargaining and a New ‘Greenfield’ Facility Problem 2: Restructuring Workplace Operations Problem 3: Consultation on ‘Eco-friendly’ Issues PART III: DISCRIMINATION IN EMPLOYMENT Problem 4: Shift to Part-time Workers A Note on the Casualization of Work Problem 5: Request to Pray Three Times a Day Problem 6: Hiring a Woman Who is Pregnant PART IV: PRIVACY, DIGNITY, AND AUTONOMY A Note on the Concept of Personality Problem 7: Background Checks Problem 8: Video Cameras and Monitoring in the Workplace A Note on ‘Data Protection’ Directive 95/46 EC Problem 9: Dating Policy A Note on Dignity: The Case of Captive Audition PART V: WRONGFUL DISCHARGE A Note on Wrongful Discharge Litigation Problem 10: Outsourcing Abroad Problem 11: 54-year Old ‘Underperforming’ Salesman Problem 12: Critical Blog Comments Posted by an Employee Problem 13: Confidential Securities Hotline A Concluding Note on Alternate Dispute Resolution PART VI: COMPENSATION AND BENEFITS ADMINISTRATION Problem 14: Share Ownership and Common Supplementary Pension Scheme Problem 15: Pay for Members of a Virtual Team Problem 16: Government Imposed Executive Compensation Restrictions Problem 17: Non-competition and Confidentiality Agreement PART VII: GLOBAL SUPPLY CHAINS AND LABOR STANDARDS Problem 18: Requested Waiver of Inspections Problem 19: Global Safety Problem 20: Zero Tolerance Policy Problem 21: Signing an International Framework Agreement PART VIII: IN LARGER COMPARATIVE CONTEXT A. Legal Origin, Legal Family B. Legal Culture C. Political Economy: Varieties of Capitalism D. National Values E. Legal Transmission and Transplantation F. The Diffusion of Corporate Culture and Managerial Practice G. Implications for Policy and Practice Index

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Book SynopsisThe editors' substantive introduction and the specially commissioned chapters in this Handbook explore the emergence of transnational labour law and its contested contours by juxtaposing the expansion of traditional legal methods with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international (ILO, IMF, OECD) and regional (EU, IACHR, SADC) institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law's capacity to build hard and soft law bridges to migration, climate change and development. The volume roots transnational labour law in a counter-hegemonic struggle for social justice.Bringing together the scholarship of 41 experts from around the globe, this book encompasses and goes beyond the role of international and regional organizations in relation to labour standards and their enforcement, providing new insights into debates around freedom of association, equality and the elimination of forced labour and child labour. By including the influence of consumers in supply chains alongside the more traditional actors in this field such as trade unions, it combines a range of perspectives both theoretical and contextual. Several chapters interrogate whether transnational labour law can challenge domestic labour law's traditional exclusions through expansive approaches to equality.The volume moves beyond WTO linkage debates of the past to consider emerging developments toward social regionalism. Several chapters explore and challenge public and private international aspects of transnational labour law, revealing some fragmentation alongside dynamic experimentation and normative settling. The book argues that 'social justice' is at least as important to the project of transnational labour law today as it was to the establishment of international labour law.Academics, students and practitioners in the fields of labour law, international law, human rights, political science, transnational studies, and corporate social responsibility, will benefit from this critical resource, given the book s eye-opening examination of labour governance in the contemporary economy.Contributors: Z. Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H. Bamu, M. Barenberg, J.R. Bellace, G. Bensusán, A. Blackett, L. Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L. Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C. Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt, K. Kolben, C. La Hovary, B. Langille, J. López López, I. Martin, F. Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C. Sheppard, A.A. Smith, A. Suktahnkar, J.-M.Thouvenin, A. Trebilcock, R.ZimmerTrade Review'The chapters in this thoroughly useful reference book on current developments and challenges in TLL provide very thoughtful, up-to-date and "to the point" commentary and insights.' --Alan Boulton, Monash University and Fair Work Commission, Australia'The list of 41 authors of this Handbook reads like a roll-call of the rising generation of scholars of labour law as well as a number of distinguished old hands. This is not a conventional textbook on transnational labour law but a series of short and stimulating essays on important current issues. It provides an invaluable guide for all those who want to think and write about the transnational influences that shape the modern world of work.' --Sir Bob Hepple QC FBA, University of Cambridge, UKTable of ContentsContents: Preface PART I CONCEPTUALIZING TRANSNATIONAL LABOUR LAW 1. Conceptualizing Transnational Labour Law Adelle Blackett and Anne Trebilcock PART II TRANSNATIONAL LABOUR LAW AS LAW A Transnational Labour Law’s Methods 2. Global Organizing and Domestic Constraints Ashwini Sukthankar 3. Corporate Governance Structures and Practices: From Ordeal to Opportunities and Challenges for Transnational Labour Law Isabelle Martin 4. A ‘Dialogic’ Approach In Perspective Laurence Boisson De Chazournes 5. International Labour Indicators: Conceptual and Normative Snares Mark Barenberg 6. Due Diligence on Labour Issues – Opportunities and Limits of the UN Guiding Principles on Business and Human Rights Anne Trebilcock B Challenging Austerity, Facing Development: The North-South Challenge to Transnational Labour Law 7. Structural Adjustment, Economic Governance and Social Policy in a Regional Context: The Case of the Eurozone Crisis Zoe Adams and Simon Deakin 8. International Financial Institutions’ Approaches to Labour Law: The Case of the International Monetary Fund Franz Christian Ebert 9. Racism and the Regulation of Migrant Labour Adrian A. Smith 10. China’s Challenge to Labour Law in both the Global North and the Global South Sean Cooney 11. Anti-Austerity Activism Strategies: Combining Protest and Litigation in Spain Julia López López PART III TRANSNATIONAL LABOUR LAW AS LABOUR LAW A Freedom of Association in the Specificity of Labour Law 12. Pushback on the Right to Strike: Resisting the Thickening of Soft Law Janice R. Bellace 13. The Right to Take Collective Action: Prospects for Change in European Court of Justice Case Law in Light of European Court of Human Rights Decisions Reingard Zimmer 14. Freedom of Association in Deliberative Spaces: The ILO Credentials Committee Faina Milman-Sivan 15. Freedom Of Association In International Framework Agreements Renée-Claude Drouin 16. Transnational Labour Law and Collective Autonomy for Marginalized Workers: Reflections on Decent Work for Domestic Workers Adelle Blackett B On Human Rights and Equality: Does Transnational Labour Law Provide Spaces and Vehicles to Challenge Domestic Labour Law’s Exclusions? 17. Inclusive Equality and New Approaches to Discrimination in Transnational Labour Law Colleen Sheppard 18. Working Together Transnationally Cynthia Estlund 19. Can Human Rights Based Labour Policy Improve the Labour Rights Situation in Developing Countries? A Look at Mexico and the Countries of Central America Graciela Bensusán 20. Constitutionalising Labour in the Inter-American System on Human Rights Rose-Marie Belle Antoine C Emerging Roles for the ILO as an Actor in Transnational Labour Law 21. ILO Normative Action In Its Second Century: Escaping The Double Bind? Francis Maupain 22. The ILO’s Supervisory Bodies’ ‘Soft Law Jurisprudence’ Claire La Hovary 23. Pluralism and Privatization in Transnational Labour Regulation: Experience of the International Labour Organization Janelle M. Diller 24. Emergent Maritime Labour Law: Possible Implications for other Transnational Labour Fields Aimée Asante and Ben Chigara PART IV TRANSNATIONAL LABOUR LAW AS TRANSNATIONAL A Thickening Soft Law? ‘Privatising’ or Infusing Transnational Labour Law with Public International Law Norms? 25. Transnational Private Labour Regulation, Consumer-Citizenship and the Consumer Imaginary Kevin Kolben 26. Thickening Soft Law Through Consumocratic Law: A Pragmatic Approach P. Martin Dumas 27. Diffusion and Leveraging of Transnational Labour Norms by the OECD Jean-Marc Thouvenin 28. The Use of Arbitration to Decide International Labour Issues Kathleen Claussen B Beyond WTO Linkage: Emerging Directions and Social Regionalism 29. What The World Trade Organization Learned From The International Labour Organization Steve Charnovitz 30. Harnessing the Governance Capacity of the European Union: Transnational Labour Law Responses to the Exploitation of Migrant Agricultural Workers Jo Hunt 31. Private International Law Rules for Transnational Employment: Reflections from the European Union Aukje Van Hoek 32. Social Regionalism in the Southern Africa Development Community: The International, Regional and National Interplay of Labour Alternative Dispute Resolution Mechanisms Pamhidai H. Bamu and Rutendo Mudarikwa 33. Labour Rights and Trade Agreements in the Americas Paula Church Albertson and Lance Compa C The Transnational Challenge to the Regulation of Labour as a Factor of Production: on Commodification 34. Trading in Services – Commodities and Beneficiaries Tonia Novitz 35. The Curious Incident of the ILO, Myanmar and Forced Labour Brian Langille 36. The Implications of Preparatory Works for the Debate Regarding Slavery, Servitude and Forced Labour Jean Allain 37. Child Labour and Fragile States in Sub-Saharan Africa: Reflections on Regional and International Responses Aristide Nononsi 38. A Transnational Law of Just Transitions for Climate Change and Labour David J. Doorey Index

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Book SynopsisThe authors examine developments in labor standards in global supply chains over the past thirty years, analyzing factors that create challenges and opportunities for improving working conditions. They illustrate the complex dynamics within and among key groups, including brands, suppliers, governments, workers and consumers.Using extended examples from China, Honduras, Bangladesh and the United States, as well as new quantitative evidence, the authors analyze stakeholders and mechanisms that create or obstruct opportunities for improving labor rights. They evaluate key clusters of actors and their interests in order to comprehensively map the complex interactions and relationships that make up global supply chains. Original data and analyses, including four in-depth case studies, present a systematic evaluation of the points of leverage for changing labor standards in sectors including apparel, footwear, and electronics.This exciting new contribution to a burgeoning field of study will benefit scholars of labor rights and human rights, as well as students with an interest in labor and working conditions. It also presents critical information for political scientists, NGOs, and practitioners looking to effect change in working conditions and learn more about key players in the global economy.Trade Review'Exhibiting a refreshing disregard for industry-approved narratives about labor rights, in which progress flows from the spigot of an espresso machine at a 'corporate social responsibility' seminar, the authors focus with precision on the factors that actually determine labor rights outcomes: the economic interests of global brands, and their suppliers, and how these are mediated by governments' regulatory choices and by the efforts of workers and allied groups to make brands pay a reputational price for the labor abuses they help create. Readers will better understand why early 20th century working conditions still exist in the 21st - and what might be done about it.' --Scott Nova, Executive Director, Worker Rights ConsortiumTable of ContentsContents: 1. Introduction 2. The Worlds Brands Create 3. Aligning Interests Across Global Supply Chains: An Analytic Framework 4. The International Framework for Labour Standards 5. Labor Standards Around the World: A Quantitative Examination 6. The United States in the Struggle for Labor Standards 7. Apparel Production in Honduras: A Case of Cross-cluster Alignment 8. Apparel Production in Bangladesh: Opportunity Amidst Tragedy? 9. Labor Resistance and Local Government – Supplier Collusion in Post-1986 China 10. Conclusion Index

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Book SynopsisThe authors examine developments in labor standards in global supply chains over the past thirty years, analyzing factors that create challenges and opportunities for improving working conditions. They illustrate the complex dynamics within and among key groups, including brands, suppliers, governments, workers and consumers.Using extended examples from China, Honduras, Bangladesh and the United States, as well as new quantitative evidence, the authors analyze stakeholders and mechanisms that create or obstruct opportunities for improving labor rights. They evaluate key clusters of actors and their interests in order to comprehensively map the complex interactions and relationships that make up global supply chains. Original data and analyses, including four in-depth case studies, present a systematic evaluation of the points of leverage for changing labor standards in sectors including apparel, footwear, and electronics.This exciting new contribution to a burgeoning field of study will benefit scholars of labor rights and human rights, as well as students with an interest in labor and working conditions. It also presents critical information for political scientists, NGOs, and practitioners looking to effect change in working conditions and learn more about key players in the global economy.Trade Review'Exhibiting a refreshing disregard for industry-approved narratives about labor rights, in which progress flows from the spigot of an espresso machine at a 'corporate social responsibility' seminar, the authors focus with precision on the factors that actually determine labor rights outcomes: the economic interests of global brands, and their suppliers, and how these are mediated by governments' regulatory choices and by the efforts of workers and allied groups to make brands pay a reputational price for the labor abuses they help create. Readers will better understand why early 20th century working conditions still exist in the 21st - and what might be done about it.' --Scott Nova, Executive Director, Worker Rights ConsortiumTable of ContentsContents: 1. Introduction 2. The Worlds Brands Create 3. Aligning Interests Across Global Supply Chains: An Analytic Framework 4. The International Framework for Labour Standards 5. Labor Standards Around the World: A Quantitative Examination 6. The United States in the Struggle for Labor Standards 7. Apparel Production in Honduras: A Case of Cross-cluster Alignment 8. Apparel Production in Bangladesh: Opportunity Amidst Tragedy? 9. Labor Resistance and Local Government – Supplier Collusion in Post-1986 China 10. Conclusion Index

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Book SynopsisGlobalization of the economy and increased integration in Europe has led to a stronger focus on EU labour, employment and equality law. The Research Handbook on EU Labour Law draws together contributions from leading academics in this field at an important historic moment in its development. As well as assessing the 'state of the art', they identify key research questions for the future.Split into four distinct parts, this Handbook provides a comprehensive examination of the major topics in EU labour, employment and equality law. Part one addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. The subsequent parts offer in-depth treatments of specific topics: part two focuses on various issues in individual and collective labour law at EU level, including working time and job security; part three provides an analysis of collective labour law, including its implications for trade unions and industrial democracy; and part four explores the EU's interventions in equality law, considering its impact across a range of different protected characteristics.Contemporary and far-reaching, the Research Handbook on EU Labour Law will prove to be an unrivalled reference work for academics and scholars seeking further understanding of EU labour, employment and equality law as well as further direction for ongoing research. Practitioners and policy-makers will also find it useful as a source of policy evaluation and theoretical perspectives.Contributors include: D. Ashiagbor, N. Bamforth, C. Barnard, A. Bogg, N. Busby, C. Costello, N. Countouris, A.C.L. Davies, R. Dukes, P. Eeckhout, S. Fredman, M. Freedland, A. Koukiadaki, A. Lawson, V. Mantouvalou, W. Njoya, C. O'Cinneide, J. Prassl, I. Solanke, K. Strauss, P. Syrpis, L. Vickers, L. WaddingtonTrade Review'This Handbook brings together the expertise of an impressive array of scholars. Not only does the volume offer coverage of a broad range of key issues in contemporary European labour law, but fresh ideas and original insights. This book provides essential and exciting reading in a dynamic field of enquiry and debate.' --Tonia Novitz, University of Bristol, UK'Labour law in the EU has developed incrementally. Its shape and scope has long been the subject of vigorous inquiry at the interface of law, politics and economics. Today its role is, if anything, even more keenly contested, as commitments to fundamental rights clash with political programmes stamped with austerity and deregulation. This rich collection does an extraordinarily fine job of tracing the rhythms and purposes of labour market regulation in the EU.' --Stephen Weatherill, University of Oxford, UK'The editors of the Research Handbook on European Labour Law have brought together, and enhanced with their strong introduction, a series of thoughtful contributions. The Handbook underscores the wide range of areas relevant to understanding the EU's influence on contemporary labour law in Europe, by both evaluating the evolving social acquis and stressing the relevance of matters such as the migration acquis, euro-crisis and EU and Council of Europe fundamental rights protection for European labour law.' --Claire Kilpatrick, European University Institute, ItalyTable of ContentsContents: 1. Editors’ Introduction Alan Bogg, Cathryn Costello and A.C.L. Davies Part 1 Cross-Cutting Themes 2. The EU’s Role in Labour Law: An Overview of the Rationales for EU Involvement in the Field Phil Syrpis 3. The Interaction of EU Law and National Law: Between Myth and Reality Jeremias Prassl 4. The Legacy of the Economic Crisis for Labour Law in Europe Aristea Koukiadaki 5. The Role of the Social Partners Ruth Dukes and Catriona Cannon 6. The Role of the Court of Justice in Labour Law A.C.L. Davies, Alan Bogg and Cathryn Costello 7. The EU Charter of Fundamental Rights Nicole Busby 8. Accession of the EU to the ECHR: The Permeative Power of Human Rights Piet Eeckhout and Virginia Mantouvalou 9. The European Social Charter and EU Labour Law Colm O’ Cinneide Part II Individual Employment Law 10. Job Security and Flexicurity A.C.L. Davies 11. EU Law and the Regulation of ‘Atypical’ Work Nicola Kountouris 12. The Regulation of Working Time in Europe Alan Bogg 13. EU Migration and Asylum Law: A Labour Law Perspective Cathryn Costello Part III Collective Labour Law 14. The Calm After the Storm: Time to Reflect on EU (Labour) Law Scholarship Following the Decisions in Viking and Laval Catherine Barnard 15. The EU Framework of Information and Consultation: Implications for Trades Unions and Industrial Democracy Wanjiru Njoya Part IV: Equality 16. Pasts and Futures: EU Equality Law Sandra Fredman 17. Religion and Equality in Multicultural Workplaces: Human Rights and Anti-discrimination Discourses in EU Law Diamond Ashiagbor 18. A Method for Intersectional Discrimination in EU Labour Law Iyiola Solanke 19. The Unfinished Story of EU Disability Non-Discrimination Law Anna Lawson and Lisa Waddington 20. Discrimination on the Grounds of Sexual Orientation and Gender Identity Nicholas Bamforth 21. Age Discrimination and EU Labour Rights Law Mark Freedland and Lucy Vickers 22. Pension Systems and Labour Law in the EU Kendra Strauss Index

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Book SynopsisThis well-researched book analyzes the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favors economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labor law, and welfare state theory. Undergraduate students in labor law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.Trade Review'Dagmar Schiek has written a timely and vital book. Following financial and sovereign debt crises, the European Union is in crisis. As responses to crisis - for example fiscal union - appear to be couched in wholly technocratic terms, a European public is entitled to ask whether the European Union has any respect for established national traditions of social constitutionalism and social welfare. Dagmar Schiek addresses these questions, both in a historical and contemporary context of social constitutionalism, arguing forcefully for the need to establish social legitimacy within Europe. I recommend this book to all researchers and students of European Union.' --Michelle Everson, Birkbeck College, University of London, UK'Is there a ''European social space''? What is the place of ''social integration'' alongside ''economic integration'' in the EU? Has a ''socially embedded constitutionalism'' been developed in parallel with the internal market case law of the CJEU? Dagmar Schiek in her comprehensive and interdisciplinary study gives refreshing new answers under the recent Lisbon Treaty.' --Norbert Reich, Universitat Bremen, Germany'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' --Tonia Novitz, University of Bristol, UKTable of ContentsContents: Introduction 1. Economic and Social Integration 2. EU Constitutional Law 3. The Trajectory of EU Constitutional Law 4. The EU’s Judicial Constitution after Enlargement 5. Economic and Social Integration Under the EU’s Normative Constitution Bibliography Index

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Book SynopsisApplying a comparative analysis on law and practices, combined with extensive data, this book considers the legal consequences for public servants who make unauthorised disclosures of official information and the protections available for whistleblowers.The author provides an in-depth treatment of the law of unauthorised disclosures in the UK to explore the protections available and discusses the theoretical and legal justifications for the making of disclosures, as well as the arguments for maintaining official secrecy. The book discusses the legal consequences of leaking information and a full assessment of the authorised alternatives, providing recommendations for reform throughout. This book will be of interest to academics working on whistleblowing, as well as their students. The various recommendations provided in the book will be of use to whistleblowing NGOs, policymakers and Members of Parliament.Trade Review'Using his extensive knowledge and experience in the field, Dr Savage analyses the law relating to the protection of journalistic sources, considers the impact of secrecy laws and provides case studies from the UK Civil Service, Armed Forces and Security and Intelligence Services. These case studies examine not only the unauthorized routes to disclosure of information but also the official whistleblowing mechanisms. Importantly, the work considers not only what should happen to whistleblowers but also what should happen to the information.' --David Lewis, Middlesex University, London, UK'Ashley Savage's comprehensive analysis of the treatment of whistleblowers in the British civil service, the security services, and the military invites comparison and contrast to the treatment of comparable public employees in the United States. His legal analysis, examination of administrative practices under British law, and suggestions for reform provide insights for American readers examining our own laws. In particular, Savage's attention to freedom of expression under the European Convention on Human Rights reminds us of the human rights foundation for whistleblower protection.' --Robert G. Vaughn, American University, Washington College of LawTable of ContentsContents: Preface 1. Introduction 2. The Consequences of Making an Unauthorised Disclosure 3. Protection as a Journalistic Source 4. Legal Protections for Raising Concerns 5. Whistleblowing in the Civil Service 6. Whistleblowing in the Security and Intelligence Services 7. Whistleblowing in the Armed Forces 8. Final Observations Index

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Book SynopsisEconomic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions.The chapters in this Research Handbook mingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like 'soft law' and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law.The fresh and thoughtful comparative analysis in this Handbook makes it a critical resource for scholars and students of labor law.Contributors: K. Banks, A. Bogg, S. Bonfanti, S. Butterworth, S. Cooney, L. Corazza, N. Countouris, G. Davidov, D. du Toit, K.D. Ewing, M. Finkin, R. Fragale, M. Freedland, N. Garoupa, S. Giubboni, F. Hendrickx, J. Howe, A. Hyde, E. Kovacs, R. Krause, N. Lyutov, E. Menegatti, L. Mitrus, G. Mundlak, R. Nunin, M. Pittard, O. Razzolini, K. Rittich, R. Ronnie, E. Sánchez, K. Sankaran, M. Schlachter, A. Seifert, A. Stewart, H. Takeuchi-Okuno, A. TopoTrade Review'A monumental work of comparative labor law by an impressive group of international academics! This book highlights regional and cross-regional developments of contemporary labor law, clarifies the major trends and issues of labor law in the dynamically changing world, and discusses the new forms and framework of labor law emerging across continents. It presents rich reflections on the methodology of comparative labor law and addresses the very fundamental issues of globalized market economies.' --Kazuo Seguno, President, Japan Institute for Labour Policy and Training'This important book will be essential reading for all those who wish to understand the reasons for the continuing divergences and similarities between national systems of labor law in the age of modern globalisation and the growing influences of global competition, internationalisation and regionalisation on labor standards and processes. The authors not only provide new and sometimes provocative insights into traditional topics such as freedom of association, workers' representation and the personal contact of employment, but also newer areas such as workplace discrimination, privacy and new forms of contracting.' --Sir Bob Hepple, QC, FBA, University of Cambridge, UKTable of ContentsContents: Introduction to the Comparative Labor Law Handbook Guy Mundlak and Matthew Finkin PART I COMPARING LABOR LAW 1. The Rich Panoply of Sources of Labor Law: National, Regional and International Marilyn J. Pittard and Stuart Butterworth 2. Comparative Labor and Employment Law in Developed Market Economies: Fostering Market Efficiencies or Repairing Market Failures? Silvia Bonfanti, Cynthia Estlund and Nuno Garoupa 3. The Challenge to Comparative Labor Law in a Globalized Era Kerry Rittich and Guy Mundlak PART II THEMATIC COMPARISONS 4. The Subjects of Labor Law: “Employees” and Other Workers Guy Davidov, Mark Freedland and Nicola Kountouris 5. Who is an Employer? Luisa Corazza and Orsola Razzolini 6. Employee Autonomy, Privacy, and Dignity Under Technological Oversight Matthew W. Finkin, Rüdiger Krause and Hisashi Takeuchi-Okuno 7. Legal Protection for Employee Mobility Alan Hyde and Emanuele Menegatti 8. The Lasting Influence of Legal Origins: Workplace Discrimination, Social Inclusion and the Law in Canada, the United States and the European Union Kevin Banks, Roberta Nunin and Adriana Topo 9. Job Loss Joanna Howe, Esther Sanchez and Andrew Stewart 10. Freedom of Association Alan Bogg and K.D. Ewing 11. Employee Voice Outside Collective Bargaining Monika Schlachter and Achim Seifert PART III REGIONAL COMPARISONS 12. European Union Labour Law and the European Social Model: A Critical Appraisal Frank Hendrickx and Stefano Giubboni 13. Labor Law in Transition: From a Centrally Planned to a Free Market Economy in Central and Eastern Europe Erika Kovács, Nikita Lyutov and Leszek Mitrus 14. Building BRICS of Success? Sean Cooney, Darcy Du Toit, Roberto Fragale, Roger Ronnie and Kamala Sankaran Index

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Book SynopsisThis timely research review provides a comprehensive discussion of seminal articles analyzing and debating current key topics in the field of international labour law. In particular, the review focuses on the central role of the International Labour Organization (ILO) in the adoption and enforcement of labour standards, as well as the normative content of ILO Conventions forming the basis for the ILO Declaration on Fundamental Principles and Rights at Work. Professor Fick also pinpoints important articles which critically consider non-ILO mechanisms for enforcing labour standards assessing their effectiveness and practicality as well as scholarship reflecting on the future of international labour law and how it is impacted by the ILO Declaration, the dialogue on human rights and changes in the nature of the labour market in a global economic system. Table of ContentsContents: Introduction Barbara J. Fick PART I THE ROLE OF THE ILO IN THE INTERNATIONAL LABOUR LAW REGIME 1. Laurence R. Helfer (2006), ‘Understanding Change in International Organizations: Globalization and Innovation in the ILO’, Vanderbilt Law Review, 59 (3), April, 649¬–726 2. Nicolas Valticos (1977), ‘Comparative Law and the International Labour Organization’, Comparative Labor Law, 2, 273–88 3. Francis Maupain (1999), ‘The Settlement of Disputes Within the International Labour Office’, Journal of International Economic Law, 2 (2), June, 273–93 4. Alfred Wisskirchen (2005), ‘The Standard-Setting and Monitoring Activity of the ILO: Legal Questions and Practical Experience’, International Labour Review, 144 (3), September, 253–89 5. Edward Weisband (2000), ‘Discursive Multilateralism: Global Benchmarks, Shame, and Learning in the ILO Labor Standards Monitoring Regime’, International Studies Quarterly, 44 (4), December, 643–66 PART II SUBSTANTIVE CONTENT OF THE CORE LABOUR RIGHTS 6. Harold Dunning (1998), ‘The Origins of Convention No. 87 on Freedom of Association and the Right to Organize’, International Labour Review, 137 (2), 149–67 7. Jane Hodges-Aeberhard (1989), ‘The Right To Organise in Article 2 of Convention No. 87: What is meant by Workers “Without Distinction Whatsoever”?’, International Labour Review, 128 (2), 177–94 8. Jane Hodges-Aeberhard and Alberto Odero de Dios (1987), ‘Principles of the Committee on Freedom of Association Concerning Strikes’, International Labour Review, 126 (5), September–October, 543–63 9. Lee Swepston (2013), ‘Crisis in the ILO Supervisory System: Dispute over the Right to Strike’, International Journal of Comparative Labour Law and Industrial Relations, 29 (2), 199–218 10. Bernard Gernigon, Alberto Odero and Horacio Guido (2000), ‘ILO Principles Concerning Collective Bargaining’, International Labour Review, 139 (1), March, 33¬–55 11. Henrik Karl Nielsen (1994), ‘The Concept of Discrimination in ILO Convention No. 111’, International and Comparative Law Quarterly, 43 (4), October, 827–56 12. Mike Kaye (2009), Forced Labour in the 21st Century, Anti-Slavery International and The International Confederation Of Free Trade Unions, 1–21 13. Breen Creighton (1997), ‘Combating Child Labour: The Role of International Labour Standards’, Comparative Labor Law Journal, 18, 362–96 14. Karl Hanson and Arne Vandaele (2003), ‘Working Children and International Labour Law: A Critical Analysis’, International Journal of Children’s Rights, 11 (1), 73–146 PART III ENFORCEMENT MECHANISMS OUTSIDE THE ILO 15. Margaret Levi, Christopher Adolph, Daniel Berliner, Aaron Erlich, Anne Greenleaf, Milli Lake and Jennifer Noveck (2013), ‘Aligning Rights and Interests: Why, When and How to Uphold Labor Standards’, Background Paper for the World Development Report, 1-38 16. Jan Martin Witte (2008), ‘The Potential and Limits of Codes of Conduct and Standards in Fostering Core Labor Standards’, in Realizing Core Labor Standards: The Potential and Limits of Voluntary Codes and Social Clauses. A Review of the Literature, Chapter 4, Eschborn, Germany: Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH, 52-76 17. Axel Marx and Jan Wouters (2013), ‘Redesigning Enforcement in Private Regulation – The Case of International Labor Governance’, Working Paper No. 126, Leuven Centre For Global Governance Studies, November, 1–20 18. Leyla Davarnejad (2011), ‘In the Shadow of Soft Law: The Handling of Corporate Social Responsibility Disputes Under the OECD Guidelines for Multinational Enterprises’, Journal of Dispute Resolution, 2011 (2), 351–85 19. Brian W. Burkett (2011), ‘International Framework Agreements: An Emerging International Regulatory Approach or a Passing European Phenomenon?’, Canadian Labor and Employment Law Journal, 16, 81–114 20. Renée-Claude Drouin (2010), ‘Promoting Fundamental Labor Rights through International Framework Agreements: Practical Outcomes and Present Challenges’, Comparative Labor Law and Policy Journal, 31 (3), 591–636 21. Jan Martin Witte (2008), ‘A Trade Lever? The Potential and Limits of Promoting Core Labor Standards through Social Clauses’, Realizing Core Labor Standards: The Potential and Limits of Voluntary Codes and Social Clauses. A Review of the Literature, Chapter 3, Eschborn, Germany: Deutsche Gesellschaft für Technische Zusammenarbeit (GTZ) GmbH, 23-50 22. Franz Christian Ebert and Anne Posthuma (2010), ‘Labour Provisions in Trade Arrangements: Current Trends and Perspectives’, ILO Discussion Paper 205, 1-35 23. Lance Compa and Jeffrey S. Vogt (2001), ‘Labor Rights in the Generalized System of Preferences: A 20-Year Review’, Comparative Labor Law and Policy Journal, 22 (2–3), 199-238 PART IV REFLECTIONS ON CORE LABOUR RIGHTS AND THE FUTURE OF INTERNATIONAL LABOUR LAW 24. Philip Alston (2004), ’“Core Labour Standards” and the Transformation of the International Labour Rights Regime’, European Journal of International Law, 15 (3), June, 457¬–521 25. Brian A. Langille (2005), ‘Core Labour Rights – The True Story (Reply to Alston)’, European Journal of International Law, 16 (3), June, 409–37 26. Kevin Kolben (2010), ‘Labor Rights as Human Rights?’, Virginia Journal of International Law, 50 (2), 449–84 27. Harry W. Arthurs (2012), ‘Making Bricks Without Straw: The Creation of a Transnational Labour Regime’, in Gráinne de Búrca, Claire Kirkpatrick and Joanne Scott (eds), Critical Legal Perspectives on Global Governance: Liber Amicorum David M. Trubek, Chapter 7, Oxford, UK: Hart Publishing, 129–42 Index

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Book SynopsisAs intellectual property becomes ever more central to modern firms, the role of employer-employee relationships in intangible asset management has also evolved. Professors Oswald and Pagnattaro tackle this important topic in a rich and diverse new book. Through a series of intellectually robust chapters written by noted experts, they consider employees from the perspective of knowledge generators, team members with mobility rights, liability risks and even information misappropriators. The analysis and advice one derives is timely, creative and often surprising. I believe that Managing the Legal Nexus Between Intellectual Property and Employees is an essential read for attorneys, managers and investors who want to remain competitive in today's global business environment. And educators will find it an important reference for training future business leaders.'- Daniel R. Cahoy, Penn State University, USThe explosion in intellectual capital coincides with a growing understanding of the importance of human capital to the firm. Managing the Legal Nexus Between Intellectual Property and Employees: Domestic and Global Contexts highlights some of the most critical contemporary issues occurring at the intersection of intellectual property law, employment law, and global trade.In addition to the legal dimensions, the book tackles issues of strategy and decision-making for businesses. The contributors discuss the use of employment contracts to protect intellectual property, ownership of intellectual property created by employees, officer liability issues relating to infringement, post-employment confidentiality and non-compete agreements, and inadvertent or deliberate misappropriation of trade secrets.The discussion of key topics in intellectual property law in the US and abroad makes this a valuable resource for both academics and practitioners worldwide. Business managers, government employees, and intellectual property owners will appreciate its timely and cutting-edge analysis.Contributors: R. Bird, N.C. Bishara, E. Brown, R.M. Lorentz, J.M. Magid, S. Marsnik, D. Orozc, L.J. Oswald, M. Pagnattaro, S. Park, J.D. Prenkert, C.M.C. WestphalTrade Review‘As intellectual property becomes ever more central to modern firms, the role of employer-employee relationships in intangible asset management has also evolved. Professors Oswald and Pagnattaro tackle this important topic in a rich and diverse new book. Through a series of intellectually robust chapters written by noted experts, they consider employees from the perspective of knowledge generators, team members with mobility rights, liability risks and even information misappropriators. The analysis and advice one derives is timely, creative and often surprising. I believe that Managing the Legal Nexus Between Intellectual Property and Employees is an essential read for attorneys, managers and investors who want to remain competitive in today’s global business environment. And educators will find it an important reference for training future business leaders.’ -- Daniel R. Cahoy, Penn State University, USTable of ContentsContents: Introduction Lynda J. Oswald and Marisa Anne Pagnattaro PART I: PUBLIC POLICY CONSIDERATIONS 1. The Individual Liability of Corporate Officers Under Patent and Copyright Law Lynda J. Oswald 2. Employee-Created Health Care Innovation at a Crossroads Julie Manning Magid 3. Contracts for Knowledge Protection Across a Global Workforce Norman D. Bishara PART II: WORKPLACE RAMIFICATIONS 4. Certification Marks as Private Employment Regulation Jamie Darin Prenkert 5. The Intersection of Smartphone Technology and Fair Labor Standards Robert C. Bird PART III: GLOBAL INTERSECTIONS 6. Employee Misappropriation: Using Section 337 to Combat Trade Secret Theft Marisa Anne Pagnattaro and Stephen Kim Park 7. Reducing the Risk of Cross-Border Trade Secret Misappropriation Elizabeth A. Brown 8. Who Owns Employee Works? Pitfalls in a Globally Distributed Work Environment Susan J. Marsnik and Romain L. Lorentz 9. Patent Grant-Back Clauses in International License Agreements: A Survey and Ethical Analysis David Orozco 10. Political, Economic, and Public Policy Constraints on the Use of Human Resource Practices to Protect Intellectual Property in China and the United States Christine M. Westphal Index

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Book SynopsisThe contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve. International employment law experts provide a comparative study of the contract of employment across three closely related common law jurisdictions: the UK, Australia and New Zealand. Adopting a thematic approach, they analyse the key facets of the common law of employment such as who is an employee, the implied duties of employees and the restraints on employee mobility. Examining the interaction between common law and domestic statutory law and the politics and labour relations systems, this book considers the legal variations for each jurisdiction and its response to new developments in employment. It addresses the capacity of the common law to respond to contemporary developments such as the `gig' economy and the increasingly intrusive surveillance of employees, both at work and in their private lives. Insightful and contemporary, this book will appeal to students and scholars of employment and contract law as well as those studying comparative law more widely. Practitioners involved in employment policy or employment litigation will also benefit from the wealth of up-to-date knowledge on common law trends and developments.Trade Review'The law of the employment contract and relationship has been and remains a very fruitful subject for comparative research and writing as between Common Law jurisdictions. Gordon Anderson, Douglas Brodie, and Joellen Riley have, by taking a deeply combined perspective upon this topic from Australia, New Zealand, and the United Kingdom, made a very significant and historically intelligent contribution to the existing literature.' --Mark Freedland, University of Oxford, UK'A masterful, comprehensive comparison - not lacking in normative content - of the commonalities and differences in judge-made employment law in Australia, New Zealand, and the United Kingdom, with occasional glances at Canada. It sweeps across the employment relationship exploring the intricate dialogue between courts and legislatures. Threaded throughout is the judicial treatment of managerial prerogative in the wake of legislative change. The book is a key source for students of comparative employment law.' --Matthew W. Finkin, University of Illinois at Urbana-Champaign, USTable of ContentsContents: Preface Table of Cases Table of Statutes 1. Introduction 2. Development and character of the contract of employment 3. Defining the employee 4. Changing and alternative modes of employment 5. Statutory and incorporated terms 6. Fairness of the bargain and allocation of risk 7. Fidelity, mutual trust and confidence and fair dealing 8. The work/personal interface 9. Employee mobility 10. Security in Employment 11. Common Law Remedies 12. Conclusions Index

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Book SynopsisGlobal Governance of Labour Rights provides an outstanding collection of essays examining how international trade relations, trade agreements and non-state actors influence labour rights governance. This well-crafted, coherent, and thoughtful volume will make important contributions to the ongoing debates on the regulation and enforcement of labour rights.'- Aseem Prakash, University of Washington, Seattle, US'The Editors have managed to make, through this volume, a major contribution to the on-going discussion regarding the 'internationalization' of labour rights. Their single most important achievement is that they have produced a coherent 'whole' out of many heterogeneous parts. Both the intra-EU, as well as the international dimension, are skillfully debated in a volume that does not simply view the former as a hothouse for the latter, but discusses the interactions of the two orders in the most systematic way.'- Petros C. Mavroidis, Columbia Law School, New York City, US'This excellent collection of essays provides fresh transnational and critical perspectives on the often ignored topic of labour rights. Ugly reports of collapsed factories and buried workers, of slave-like conditions among migrants and children, continue to horrify readers and viewers worldwide. What can be done? This book contains some long-awaited answers.'- Thomas G. Weiss, The City University of New York's Graduate Center, US'The bulk of the world's governments and a growing number of firms now say they respect labour rights. Yet scholars, activists and policymakers have little understanding of the effectiveness of ILO conventions and government initiatives. In this important and well-written book, we get answers to many of the most pressing questions about how governments and private sector actors can advance labour rights and conditions. Kudos to Marx, Wouters, Rayp and Beke for a must-read book.'- Susan Ariel Aaronson, Research Professor of International Affairs and Director eBay policy scholars, Elliot School, GWUStories and images of collapsed factories, burned down sweatshops, imprisoned migrant workers, child workers and many other violations of internationally recognized labour rights continue to spread across the globe. This highly topical book examines the different instruments which are intended to protect labour rights on a transnational scale, and asks whether they make a difference.With perspectives from law, management, sociology, political science and political economy, the topics discussed include the protection of international labour rights in a globalizing economy, the EU's social dimension in its external trade relations, Asian and US perspectives on labour rights in international trade agreements, the role of (trade) unions in global labour governance and the transformative capacity of private labour governance regimes.Academics and advanced students from different disciplines will benefit from the up-to-date empirical material in this study. Policymakers, NGOs and Unions will find the discussions of the instruments used to protect labour rights of great value to their work.Contributors: L. Beke, R.C. Brown, R. Cörvers, Y. Dahan, J. Donaghey, P. Glasbergen, F. Hendrickx, D. Klink, S. Koch-Baumgarten, M. Kryst, H. Lerner, A. Marx, F. Milman-Sivan, A.-G. 'Tobi' Oshodi, P. Pecinovsky, C. Pekdemir, G. Rayp, J. Reinecke, J. Soares, W. Van Acker, L. Van den Putte, P. van der Heijden, S. Velluti, J. Wouters, R. ZandvlietTrade Review‘Global Governance of Labour Rights provides an outstanding collection of essays examining how international trade relations, trade agreements and non-state actors influence labour rights governance. This well-crafted, coherent, and thoughtful volume will make important contributions to the ongoing debates on the regulation and enforcement of labour rights.’ -- Aseem Prakash, University of Washington, Seattle, US‘The Editors have managed to make, through this volume, a major contribution to the on-going discussion regarding the “internationalization” of labour rights. Their single most important achievement is that they have produced a coherent “whole” out of many heterogeneous parts. Both the intra-EU, as well as the international dimension, are skillfully debated in a volume that does not simply view the former as a hothouse for the latter, but discusses the interactions of the two orders in the most systematic way.’ -- Petros C. Mavroidis, Columbia Law School, New York City, US‘This excellent collection of essays provides fresh transnational and critical perspectives on the often ignored topic of labour rights. Ugly reports of collapsed factories and buried workers, of slave-like conditions among migrants and children, continue to horrify readers and viewers worldwide. What can be done? This book contains some long-awaited answers.’ -- Thomas G. Weiss, The City University of New York’s Graduate Center, US‘The bulk of the world’s governments and a growing number of firms now say they respect labour rights. Yet scholars, activists and policymakers have little understanding of the effectiveness of ILO conventions and government initiatives. In this important and well-written book, we get answers to many of the most pressing questions about how governments and private sector actors can advance labour rights and conditions. Kudos to Marx, Wouters, Rayp and Beke for a must-read book.’ -- Susan Ariel Aaronson, Research Professor of International Affairs and Director eBay policy scholars, Elliot School, GWUTable of ContentsContents: 1. Protecting Labour Rights in a Globalizing World: An Introduction Axel Marx, Jan Wouters, Laura Beke and Glenn Rayp 2. The Protection of International Labour Rights. A Longitudinal Analysis of the Protection of the Rights of Freedom of Association and Collective Bargaining over 30 years in 73 countries Axel Marx, Jadir Soares and Wouter Van Acker 3. The EU’s Social Dimension and its External Trade Relations Samantha Velluti 4. Divided We Stand: The European Parliament’s Position on Social Trade in the Post-Lisbon Era Lore Van den Putte 5. Asian and US Perspectives on Labor Rights under International Trade Agreements Compared Ronald C. Brown 6. EU Economic Governance and Labour Rights: Diversity and Coherence in the EU, the Council of Europe and ILO Instruments Frank Hendrickx and Pieter Pecinovsky 7. Trade Unions and Collective Bargaining Power in Global Labor Governance Sigrid Koch-Baumgarten and Melanie Kryst 8. The Rapprochement of ILO Standards and CSR Mechanisms: Towards a Positive Understanding of the ‘Privatization’ of International Labour Standards Ruben Zandvliet and Paul van der Heijden 9. Between the Dragon’s Gift and its Claws: China in Africa and the (Un)Civil Fostering of ILO’s Decent Work Agenda Abdul-Gafar ‘Tobi’ Oshodi 10. On the Transformative Capacity of Private Fair Labour Arrangements Ceren Pekdemir, Pieter Glasbergen and Ron Cörvers 11. Compliance Opportunities and the Effectiveness of Private Voluntary Standard Setting – Lessons from the Global Banana Industry Dennis Klink 12. The ‘Accord for Fire and Building Safety in Bangladesh’ in Response to the Rana Plaza Disaster Juliane Reinecke and Jimmy Donaghey 13. The International Labour Organization, Multinational Enterprises, and Shifting Conceptions of Responsibility in the Global Economy Yossi Dahan, Hanna Lerner and Faina Milman-Sivan 14. Conclusion: Which Way to Enforcement? Glenn Rayp, Axel Marx and Jan Wouters Index

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Book SynopsisUsing property and labour as his major themes, Mark Findlay analyses the way in which law has come to serve the cult of the market at the expense of abandoning its broader role of serving communities. With wonderful scholarship he charts a path to how law's social purpose might be regained. Law re-emerges as the primary means for the regulatory state to re-connect with social values and communities. The book is a tour de force.'- Peter Drahos, Australian National UniversityIn this revealing comparative study, Mark Findlay examines the problematic nexus between undervalued labour and vulnerable migration status in dis-embedded markets. It highlights the frustrations raised by timeless regulatory failure and the chronic complicity of private property arrangements in delivering unsustainable market engagement. Mark Findlay identifies the challenge for normative and functional foundations of equitable governance, by repositioning regulatory principle, to restore dignity to market relations.The accountability of property through wider access and inclusion, it is argued, grounds commodified occupation as a vitally valuable social bond in which workers are empowered to participate rather than suffer exploitation. The comparative analysis of the EU and ASEAN regulatory contexts reveals that it is not simply more regulatory activity, but rather its reversion from market interests to human values, which will advance sustainability.Property, Labour and Legal Regulation offers an insightful, critical analysis of crucial contemporary issues facing social administrators, lawyers and policy makers working in the fields of migration, labour law and regulation. Its broad disciplinary coverage lends itself to students of law and regulation who will benefit from this unique evaluation of private property, labour relations and migration exclusivity.Trade Review‘Using property and labour as his major themes, Mark Findlay analyses the way in which law has come to serve the cult of the market at the expense of abandoning its broader role of serving communities. With wonderful scholarship he charts a path to how law’s social purpose might be regained. Law re-emerges as the primary means for the regulatory state to re-connect with social values and communities. The book is a tour de force.’ -- Peter Drahos, Australian National UniversityTable of ContentsContents: 1. Property Rights and the Regulation of Immigrant Labour 2. Private Property Relations and Regulating the Immigration – Labour Nexus 3. Private Law, Private Property Arrangements and Inclusivity 4. Substantive Inequality to Contract? 5. Agents, Pirates or Slavers 6. Regulatory Preferencing: A Comparative Study Conclusion: Designating Dignity Bibliography Index

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Book SynopsisWhile vulnerability is a concept often mentioned in labour law and employment policy discourse, its precise meaning can remain elusive. This book provides rigorous theoretical analysis and contains fresh insights to aid our understanding of vulnerability. It is a stimulating contribution to the debate on how legal regulation responds to the changing characteristics of today's labour market.'- Mark Bell, The University of Dublin, IrelandThe shifting nature of employment practice towards the use of more precarious work forms has caused a crisis in classical labour law and engendered a new wave of regulation. This timely book deftly uses this crisis as an opportunity to explore the notion of precariousness or vulnerability in employment relationships.Arguing that the idea of vulnerability has been under-theorised in the labour law literature, Lisa Rodgers illustrates how this extends to the design of regulation for precarious work. The book's logical structure situates vulnerability in its developmental context before moving on to examine the goals of the regulation of labour law for vulnerability, its current status in the law and case studies of vulnerability such as temporary agency work and domestic work. These threads are astutely drawn together to show the need for a shift in focus towards workers as 'vulnerable subjects' in all their complexity in order to better inform labour law policy and practice more generally.Constructively critical, Labour Law, Vulnerability and the Regulation of Precarious Work will prove invaluable to students and scholars of labour and employment law at local, EU and international levels. With its challenge to orthodox thinking and proposals for the improvement of the regulation of labour law, labour law institutions will also find this book of great interest and value.Trade ReviewThe concept of vulnerability is crucial for understanding the characteristics of employment relationships and the purpose of labour law, but has not been deeply examined by labour lawyers so far. In this original and valuable contribution, Lisa Rodgers develops a theoretical account of vulnerability that advances our understanding of the field, exposing some shortcomings of existing theories and laws along the way. The book offers important insights that should inform future discussions of labour law and policy. --Guy Davidov, Hebrew University of Jerusalem, IsraelTable of ContentsContents: 1. Introduction 2. Vulnerability in Context 3. The Goals of the Regulation of Labour Law for Vulnerability 4. Vulnerability and Precarious Work in the Law 5. Temporary Agency Work 6. Domestic Work 7. Conclusions Index

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Book SynopsisThis book is an exploration of arguments about the economic and social effects of the regulation of labour, and whether it is likely to be helpful or harmful to development. Authored by contributors from a variety of fields, primarily legal as well as development studies, economics and regulatory studies, the book presents both empirical and theoretical analyses of the issues. With authors from several continents, this collection is unique in that it focuses on labour regulation in poor and middle-income countries rather than industrialized ones, therefore making it a significant contribution to the field.In large part, the authors conclude that regulation of labour can play a positive role in promoting social and economic development, especially over time. Effective regulation has the potential to promote democratic engagement at work and beyond. However its impact is dependent on how much its design grapples with the particular arrangements of work occurring within different industries, reflecting the nature of development and social relations within that country. Contributors emphasize that regulation needs to be adapted to the challenges presented by non-standard employment relations, changes in the structure of work and the rise of global value chains. This collection's exploration of labour regulation in developing countries will be of interest to labour law scholars and teachers, to policy-makers in the field of labour regulation - especially in the global South - as well as to technical advisers and those engaged in the practice of industrial relations.Contributors include: G. Bensusán, D. Cheong, S. Deakin, F. Ebert, C. Fenwick, S. Godfrey, K. Kolben, S. Marshall, K. Sankaran, M. von BroembsenIn Association with the International Labour OrganizationTrade Review'Marshall and Fenwick have sculpted a rich body of essays by brilliant scholars from developed and developing countries. Labour Regulation and Development takes the reader on innovative angles of approach to poverty, inequality, informality, exclusion, gender and ethnic discrimination, supply-chain dynamics, trade and investment flows, regulatory enforcement capacity and other challenges in the global economy. This volume confronts head-on debates about labour market regulation and whether it helps or hurts economic development. Their approaches differ, but contributors here make a powerful case for strong regulatory institutions that promote economic development while advancing social justice.' --Lance Compa, Cornell UniversityTable of ContentsContents: 1. Labour Law and Development: Characteristics and Challenges Shelley Marshall and Colin Fenwick 2. Labour Law and Development in the Long Run Simon Deakin 3. Labour Regulation, Capabilities, and Democracy Kevin Kolben 4. Labour Law and Trade Policy: What Implications for Economic and Human Development? David Cheong and Franz Christian Ebert 5. Labour Law and Development Viewed From Below: What Do Case Studies of the Clothing Sectors in South Africa and Lesotho Tell Us? Marlese von Broembsen and Shane Godfrey 6. Labour Law, Inclusive Development and Equality in Latin America Graciela Bensusán 7. Labour Law in South Asia: A Right to Development Perspective Kamala Sankaran 8. The ILO and National Labour Law reform: Six Case Studies Colin Fenwick 9. Revitalising Labour Market Regulation for the Economic South: New Forms and Tools Shelley Marshall Index

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Book SynopsisReflexive Labour Law in the World Society investigates trends in labour and employment law from the perspective of modern social systems theory.It uses Niklas Luhmann's theory of the world society and Gunther Teubner's reflexive law concept for an analysis of modern employment law and industrial relations. Areas investigated include: reflexive employment protection; the reflexive regulation and deregulation of labor market policies and labour law; reflexivity in labor and employment conflict resolution; reflexive coordination and implementation of EU social and employment law; and reflexive global labor law.Contents: Preface Part I: Theory 1. The World Society Context: The Globalisation of Labour Law 2. Reflexive Labour Law: A General Introduction 3. Industrial Relations as a Social System Part II: Reflexive Trends in Modern Labour Law 4. Reflexive Employment Protection 5. Reflexive Regulation of Labour Market Policies 6. Reflexive Deregulation of Labour Market Policies and Labour Law 7. Reflexive Regulation of Labour and Employment Conflict Resolution Part III: Reflexive European and International Labour Law 8. Reflexive Coordination of European Social and Employment Policies 9. Reflexive Implementation of EU Employment Law - A Case Study of the Working Time Directive 10. Reflexive Global Labour Law Bibliography IndexTrade ReviewThis book addresses the major issue of the nature and future of labour law and employment regulation. It transcends current traditional scientific and policy debates in two related ways. First by exploring the potential of labour law as reflexive (re)regulation and second by putting labour law in the global context - i.e. the World Society. The book convincingly indicates how labour law can indeed successfully operate among the different societal systems and between global, national and local levels. --Ton Wilthagen, Tilburg University, The NetherlandsRogowski's challenging book offers readers a rigorous but accessible introduction to the theory of reflexive law, important and original insights into current issues in industrial relations and labour law and a fascinating preview of how a broad-based system of transnational law might one day emerge. Building on foundations laid down by Luhmann and Teubner, and on his own twenty-plus years of pioneering work, Rogowski firmly establishes reflexive labour law as a plausible and useful approach to the discipline. --Harry Arthurs, Osgoode Hall Law School, CanadaTable of ContentsContents: Preface Part I: Theory 1. The World Society Context: The Globalisation of Labour Law 2. Reflexive Labour Law: A General Introduction 3. Industrial Relations as a Social System Part II: Reflexive Trends in Modern Labour Law 4. Reflexive Employment Protection 5. Reflexive Regulation of Labour Market Policies 6. Reflexive Deregulation of Labour Market Policies and Labour Law 7. Reflexive Regulation of Labour and Employment Conflict Resolution Part III: Reflexive European and International Labour Law 8. Reflexive Coordination of European Social and Employment Policies 9. Reflexive Implementation of EU Employment Law – A Case Study of the Working Time Directive 10. Reflexive Global Labour Law Bibliography Index

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Book SynopsisThis research review discusses themes that arise at the points at which employment and intellectual property laws converge. Topics include historical perspectives on employee inventions; rationales for default rules; allocation of ownership of employee creation; restraints and employee mobility and discusses university approaches and issues.Table of ContentsContents: Acknowledgements Introduction Ann L. Monotti PART I HISTORICAL PERSPECTIVES 1. D.H.N Johnson (1950), ‘Encouraging Inventions by Government Employees’, Modern Law Review, 13 (4), October, 428-44 2. Catherine L. Fisk (1998), ‘Removing the ‘Fuel of Interest’ from the ‘Fire of Genius’: Law and the Employee-Inventor, 1830-1930’, University of Chicago Law Review, 65 (4), 1127–98 3. C. Robert Morris Jr. (1959), ‘Patent Rights in an Employee’s Invention: The American Shop Right Rule and the English View’, Law Quarterly Review, 75, 483–502 4. John Stedman (1970), ‘The Employed Inventor, the Public Interest, and Horse and Buggy Law in the Space Age’, New York University Law Review, 45 (1), 1–32 5. Justine Pila (2012), ‘Sewing the Fly Buttons on the Statute’: Employee Inventions and the Employment Context’, Oxford Journal of Legal Studies, 32 (2), 265–95 PART II RATIONALES FOR DEFAULT RULES 6. Dan L. Burk (2004), ‘Intellectual Property and the Firm’, University of Chicago Law Review, 71 (1), 3–20 7. R.P. Merges (1999), ‘The Law and Economics of Employee Inventions’, Harvard Journal of Law and Technology, 13 (1), Fall, 1–54 PART III ALLOCATION OF OWNERSHIP OF EMPLOYEE CREATION 8. Rochelle Cooper Dreyfuss (1987), ‘The Creative Employee and the Copyright Act of 1976’, University of Chicago Law Review, 54 (2), 590–647 9. Joellen Riley (2005), ‘Who Owns Human Capital? A Critical Appraisal of Legal Techniques for Capturing the Value of Work’, Australian Journal of Labour Law, 18, 1–25 10. Toshiko Takenaka (2012), ‘Serious Flaw of Employee Inventions Ownership Under the Bayh-Dole Act in Stanford v. Roche: Finding the Missing Piece of the Puzzle in the German Employee Invention Act’, Texas Intellectual Property Law Journal, 20, Spring, 281-326 11. Mark Freedland and Jeremias Prassl (2013), ‘Resolving Invention Ownership Disputes: Limitations of the Contract of Employment’, in Marilyn Pittard, Ann L Monotti and John Duns (eds), Business Innovation and the Law: Perspectives from Intellectual Property, Labour Competition and Corporate Law, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 144–63 12. Marie-Christine Janssens (2013), ‘EU Perspectives on Employees’ Inventions’ in Marilyn Pittard, Ann L Monotti and John Duns (eds), Business Innovation and the Law: Perspectives from Intellectual Property, Labour, Competition and Corporate Law, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 111–30 13. John Howe and Andrew Newman (2013), ‘Collective Bargaining and the Ownership of Employee Creation’, Australian Journal of Labour Law, 26 (3), 273-99 PART IV RESTRAINTS AND EMPLOYEE MOBILITY 14. Harlan M. Blake (1960), ‘Employee Agreements Not to Compete’, Harvard Law Review, 73 (4), February, 628–91 15. Andrew Stewart (1988), ‘Confidentiality and the New Employment Relationship’, Australian Journal of Labour Law, 1, 1–22 16. Ronald J. Gilson (1999), ‘The Legal Infrastructure of High Technology Industrial Districts: Silicon Valley, Route 128, Covenants not to Compete’, New York University Law Review, 74 (3), June, 575–629 17. William van Caenegem (2005), ‘Inter-firm Migration of Tacit Knowledge: Law and Policy’, Prometheus, 23 (3), September, 285–306 18. Alan Hyde (2012), ‘Intellectual Property Justifications for Restricting Employee Mobility: A Critical Appraisal in Light of the Economic Evidence’, in Cynthia L. Estlund and Michael L. Wachter, Research Handbook on the Economics of Labor and Employment Law, Cheltenham, UK and Northampton, MA, USA: Edward Elgar Publishing, 357–84 19. Christopher Arup (2012), ‘What/Whose Knowledge? Restraints of Trade and Concepts of Knowledge’, Melbourne University Law Review, 36, 661–94 20. Norman D. Bishara and Evan Starr (2016), ‘The Incomplete Noncompete Picture’, Lewis and Clark Law Review, 20, 497–547 PART V UNIVERSITIES – APPROACHES AND ISSUES 21. W.R. Cornish (1992), ‘Rights in University Innovations: The Herchel Smith Lecture for 1991’, European Intellectual Property Review, 14, 13–19 22. Pat K. Chew (1992), ‘Faculty-Generated Inventions: Who Owns the Golden Egg?’, Wisconsin Law Review, 259–314 23. Ann Monotti (1997), ‘Who Owns my Research and Teaching Materials: My University or Me?’, 19 (4), Sydney Law Review, 425–71 24. Sean M. O’Connor (2013), ‘The Real Issue Behind Stanford v. Roche: Faulty Conceptions of University Assignment Policies Stemming from the 1947 Biddle Report’, Michigan Telecommunications and Technology Law Review, 19, 379–422 Index

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Book SynopsisThis invaluable review focuses on employment law and labour protection issues that are central to understanding the complex development of private international law and its broadening challenges. The text also discusses timeless questions that reflect specific features and fundamental issues of this ever-changing subject area, whilst drawing attention to the broader regulatory framework and significant challenges to traditional approaches under way. This will be of great interest to both labour law and private international law scholars and practitioners who deal with cross-border work.Trade Review‘The book edited by Professor Liukkunen provides excellent guidance through the development and principles of modern conflict-of-laws rules in the field of cross-border employment relations.’ -- Michael Bogdan, University of Lund, SwedenTable of ContentsContents: Acknowledgements Introduction Ulla Liukkunen PART I POINTS OF DEPARTURE [145 pp] 1. Karl E. Klare (1982), ‘The Public/Private Distinction in Labour Law’, University of Pennsylvania Law Review, 130 (6), 1358–422 [65] 2 Guy Davidov (2002), ‘The Three Axes of Employment Relationships: A Characterization of Workers in Need of Protection’, University of Toronto Law Journal, 52 (4), Autumn, 357–418 [62] 3. Marie-Ange Moreau (2013), ‘The Reconceptualization of the Employment Relationship and Labour Rights through Transnationality’, Comparative Labor Law and Policy Journal, 34 (3), 697–714 [18] PART II TERRITORIALITY AND EXTRATERRITORIALITY [65 pp] 4. Robin Morse (2008), ’Choice of Law, Territoriality and National Law: The Case of Employment’, in Hélène Gaudemet-Tallon (ed.), Vers de Nouveaux Équilibres Entre Ordres Juridiques: Liber Amicorum, France: Dalloz, 763–74 [12] 5. Louise Merrett (2010),’The Extra-Territorial Reach of Employment Legislation’, Industrial Law Journal, 39 (4), December, 355–81 [27] 6. William B. Gould IV (2010), ’Labor Law Beyond U.S. Borders: Does What Happens Outside of America Stay Outside of America?’, Stanford Law and Policy Review, 21, 401–26 [26] PART III EMPLOYMENT CONTRACTS AND THEIR CONFLICTS RULES [202 pp] 7. Symeon C. Symeonides (2009), ‘Result-Selectivism in Private International Law’, Willamette Law Review, 46 (1), 1–32 [32] 8. Patrick J. Borchers (2008), ‘Categorical Exceptions to Party Autonomy in Private International Law’, Tulane Law Review, 82 (5), 1645–61 [17] 9. C.G.J. Morse (1982), ’Contracts of Employment and the E.E.C. Contractual Obligations Convention’ in P. M. North D.C.L. (ed.), Contract Conflicts The E.E.C. Convention on the Law Applicable to Contractual Obligations: A Comparative Study, Chapter 7, Amsterdam, The Netherlands and New York, UK and Oxford, UK: North-Holland Publishing Company, 143–84 [42] 10. B. A. Hepple (1978), ‘Conflict of Laws on Employment Relationships Within the E.E.C’, in K. Lipstein (ed.) Harmonization of Private International Law, London, UK: University of London Institute of Advanced Legal Studies, 39–48 [10] 11. M. Franzen (2007), ’Conflicts of Law in Employment Contract and Industrial Relations’, in R. Blanpain (ed.), Comparative Labour Law and Industrial Relations in Industrialized Market Economies, Chapter 9, Alphen aan den Rijn, Netherlands: Wolters Kluwer, 215–35 [21] 12. Richard Kidner (1998), ‘Jurisdiction in European Contracts of Employment’, Industrial Law Journal, 27 (2), June, 103–20 [18] 13. Sebastian Krebber (1999), ’Conflict of Laws in Employment in Europe’, Comparative Labor Law and Policy Journal, 21 (3), 501–41 [41] 14. C. G. J. Morse (1992), ’Consumer Contracts, Employment Contracts and the Rome Convention’, International and Comparative Law Quarterly, 41 (1), January, 1–21 [21] PART IV POSTING OF WORKERS AS EU DILEMMA [148 pp] 15. Paul Davies (1997), ’Posted Workers: Single Market or Protection of National Labour Law Systems?’, Common Market Law Review, 34 (3), 571–602 [32] 16. Guillermo Palao Moreno (2002), ’Multinational Groups of Companies and Individual Employment Contracts in Spanish and European Private International Law’, Yearbook of Private International Law, Volume IV, Munich, Germany: Dr. Otto Schmidt, 303–34 [32] 17. Louise Merrett (2011), ‘Posted Workers in Europe from a Private International Law Perspective’, Cambridge Yearbook of European Legal Studies, 13, October, 219–44 [26] 18. Jonas Malmberg and Tore Sigeman (2008), ’Industrial Actions and EU Economic Freedoms: The Autonomous Collective Bargaining Model Curtailed by the European Court of Justice’, Common Market Law Review, 45 (4), 1115–46 [32] 19. Ulla Liukkunen (2012), ’Collison Between the Economic and the Social – What Has Private International Law Got to Do With It?’ in Pia Letto-Vanamo and Jan Smits (eds), Coherence and Fragmentation in European Private Law, Munich, Germany: Dr. Otto Schmidt, 125–50 [26] PART V INDUSTRIAL ACTION, CHOICE OF LAW AND LEGAL LIABILITY [57 pp] 20. Guillermo Palao Moreno (2007), ’The Law Applicable to a Non-Contractual Obligation with Respect to an Industrial Action’, In Peter Sarcevic, Andrea Bonomi and Paul Volken (eds), Yearbook of Private International Law, Volume IX, Munich, Germany: Dr. Otto Schmidt, 115–25 [11] 21. Filip Dorssemont and Aukje van Hoek (2011), ’Collective Action in Labour Conflicts under the Rome II Regulation (Part I)’, European Labour Law Journal, 2 (2), June, 48–75 [28] 22. Filip Dorssemont and Aukje van Hoek (2011), ’Collective Action in Labour Conflicts under the Rome II Regulation (Part II)’, European Labour Law Journal, 2 (2), June, 101–18 [18] PART VI TRANSNATIONAL DIMENSION OF COLLECTIVE BARGAINING AND EMPLOYEE PARTICIPATION [117 pp] 23. Etienne Pataut (2016), ’Collective Agreements in Europe: European Social Dialogue and Contractual Autonomy’, in Jürgen Basedow, Chen Su, Matteo Fornaiser and Ulla Liukkenen (eds), Employee Participation and Collective Bargaining in Europe and China, Heidelberg, Germany: Mohr Siebeck Verlag, 83–101 [19] 24. Achim Seifert (2012), ’Transnational Collective Bargaining: The Case of the European Union’ in Kitty Malherbe, Julia Sloth-Nelson (eds), Labour Law into the Future: Essays in honour of D’Arcy du Toit, South Africa: JUTA, 76–96 [21] 25. Rüdiger Krause (2012), ’International Framework Agreements as Instrument for the Legal Enforcement of Freedom of Association and Collective Bargaining? The German Case’, Comparative Labour Law and Policy Journal, 33, 749–73 [25] 26. Alvin L. Goldman (2012), ‘Enforcement of International Framework Agreements Under U.S. Law’, Comparative Labour Law and Policy Journal, 33, 605–34 [30] 27. Achim Seifert (2008), ‘Global Employee Information and Consultation Procedures in Worldwide Enterprises’, International Journal of Comparative Labour Law and Industrial Relations, 24 (3), 327–48 [22] PART VII TRANSNATIONAL AND GLOBAL ISSUES – PRIVATE REGIMES WITHOUT STATE [134 pp] 28. Katherine Van Wezel Stone (1994–1995), ’Labor and the Global Economy: Four Approaches to Transnational Labor Regulation’, Michigan Journal of International Law, 16, 987–1028 [42] 29. David M. Trubek, Jim Mosher and Jeffrey S. Rothstein (2000), ’Transnationalism in the Regulation of Labor Relations: International Regimes and Transnational Advocacy Networks’, Law and Social Inquiry, 25 (4), October, 1187–211 [25] 30. Silvana Sciarra (2006), ’Collective Exit Strategies: New Ideas in Transnational Labour Law’ in Brian Langille and Guy Davidov (eds), The Idea of Labour Law, Oxford, UK: Hart Publishing, 405–19 [15] 31. Guy Mundlak (2009), ’De-Territorializing Labor Law’, Law and Ethics of Human Rights, 2 (3), 189–222 [34] 32. Ulla Liukkunen (2014), ’Transnational Labour Law and Fundamental Labour Rights – Making Chinese Workers Matter?’ in Roger Blanpain Chen Yifeng and Ulla Liukkunen (eds), China and ILO Fundamental Principles and Rights at Work, Chapter 10, Alphen aan den Rijn, Netherlands: Wolters Kluwer, 163–80 [18]

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Book SynopsisInquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Analysing why certain human rights are deemed fundamental and how they apply in the context of work, this expansive Research Handbook highlights the gulf between the ideal applications of these rights universally, and the increasing reality in the new economy that these are rarely enforceable for employees in alternative forms of employment. Established and emerging scholars provide perspectives from countries across all continents, identifying issues of prominence in their area of the globe. Probing workers' rights and business obligations, the Research Handbook on Labour, Business and Human Rights Law will be imperative reading for scholars and students working within the fields of labour law, human rights, and business ethics. This timely Research Handbook will also appeal to lawyers, trade union officials and government affairs staff, broadening their understanding of the laws and obligations impacting their positions.Trade Review'This timely collection offers a comprehensive study of the interaction between human rights and labour protection, a topic given additional impetus from the impact of economic globalisation on labour creating the need to find new ways for protecting the rights and conditions of increasingly precarious workers worldwide. Including an extensive range of country-based studies, covering all the major legal families, international developments and thought-provoking analytical papers, this book provides a critically balanced and highly informative contribution to the topic.' --Peter Muchlinski, SOAS, University of London, UK'Labour law and human rights law often follow separate paths and academics rarely engage with one another notwithstanding that the two fields are highly interrelated. This excellent edited volume bridges this gap and makes an important contribution to current debates on the intersection between labour law and human rights law. This is especially important in a world witnessing crucial transformations in the world of work. It is a must read for all scholars involved in research on labour rights.' --Axel Marx, University of Leuven, BelgiumTable of ContentsContents: PART I Conceptualizing Labour and Human Rights Law 1. Perspectives on Labour and Human Rights Janice Bellace and Beryl ter Haar PART II Sources in National Law Section A: Civil Law and Constitutional Sources 2. Fundamental Rights and German Labor Law Manfred Weiss 3. (The Right to) Work as foundational value: Italy and the Very Notion of a Constitutional Promise Edoardo Ales 4. Fundamental labour rights in Brazil: challenges and developments Ana Virginia Moreira Gomes 5. Business, Labor Law and Human Rights in Japan Takashi Yonezu 6. Fundamental Rights and Swedish Labour Law Mia Rönnmar Section B: Common Law 7. Worker Rights as Human Rights: Regenerative Reconception or Rhetorical Refuge? Matthew Finkin 8. Business and labour, and human rights in New Zealand Amanda Reilly and Jonathan Barrett 9. The architecture of human rights at work in Israeli law Guy Mundlak 10. Human Rights in the evolution of South African labour law Darcy du Toit and Mariam Sirkhotte Section C: Transition Economies 11. Labor Disputes in China from a Fundamental Labor Rights Perspective Piotr Grzebyk 12. Trying to balance economic and labour rights: the case of Russia Nikita Lyutov and Elena Gerasimova PART III Fundamental Rights Section A: Concepts 13. Freedom of Association: its emergence and the case for prevention of its decline Tonia Novitz 14. Freedom from child labour: a fundamental right Constance Thomas 15. Workplace gender equality as a human right: the ILO approach Jane Aeberhard-Hodges Section B: Supranational Influences 16. How the ILO embraced human rights Lee Swepston 17. The European convention on human rights, as a fountain of labour rights Filip Dorssemont 18. Labour Human Rights and the Jurisprudence of the Inter-American Court of Human Rights Miguel F. Canessa Montejo Section C: Scope and Coverage 19. Fundamental Labour Rights, Platform Work and Human Rights Protection of Non-Standard Workers Valerio de Stefano and Antonio Aloisi 20. Decent Work Challenges for Atypical Workers in Korea Christina Hiessl and Jaewook Nahm PART IV Business and Human Rights 21. From Workers’ Rights to Human Rights at Work Janice Bellace 22. Multinational Enterprises and Labor Rights: Concepts and Implementation Nicolas Bueno 23. The EU’s CSR policy in a global and national context Beryl ter Haar and Attila Kun 24. State Extraterritorial Regulation and Decent Work in the Asia Pacific John Howe and Ingrid Landau Index

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Book SynopsisThe editors' substantive introduction and the specially commissioned chapters in this Handbook explore the emergence of transnational labour law and its contested contours by juxtaposing the expansion of traditional legal methods with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international (ILO, IMF, OECD) and regional (EU, IACHR, SADC) institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law's capacity to build hard and soft law bridges to migration, climate change and development. The volume roots transnational labour law in a counter-hegemonic struggle for social justice.Bringing together the scholarship of 41 experts from around the globe, this book encompasses and goes beyond the role of international and regional organizations in relation to labour standards and their enforcement, providing new insights into debates around freedom of association, equality and the elimination of forced labour and child labour. By including the influence of consumers in supply chains alongside the more traditional actors in this field such as trade unions, it combines a range of perspectives both theoretical and contextual. Several chapters interrogate whether transnational labour law can challenge domestic labour law's traditional exclusions through expansive approaches to equality.The volume moves beyond WTO linkage debates of the past to consider emerging developments toward social regionalism. Several chapters explore and challenge public and private international aspects of transnational labour law, revealing some fragmentation alongside dynamic experimentation and normative settling. The book argues that 'social justice' is at least as important to the project of transnational labour law today as it was to the establishment of international labour law.Academics, students and practitioners in the fields of labour law, international law, human rights, political science, transnational studies, and corporate social responsibility, will benefit from this critical resource, given the book s eye-opening examination of labour governance in the contemporary economy.Contributors: Z. Adams, P.C. Albertson, J. Allain, R.-M.B. Antoine, A. Asante, P.H. Bamu, M. Barenberg, J.R. Bellace, G. Bensusán, A. Blackett, L. Boisson de Chazournes, S. Charnovitz, B. Chigara, K. Claussen, L. Compa, S. Cooney, S. Deakin, J.M. Diller, D.J. Doorey, R.-C. Drouin, P.M. Dumas, F.C. Ebert, C. Estlund, A. van Hoek, J. Hunt, K. Kolben, C. La Hovary, B. Langille, J. López López, I. Martin, F. Maupain, F. Milman-Sivan, R.S. Mudarikwa, A. Nononsi, T. Novitz, C. Sheppard, A.A. Smith, A. Suktahnkar, J.-M.Thouvenin, A. Trebilcock, R.ZimmerTrade Review'The chapters in this thoroughly useful reference book on current developments and challenges in TLL provide very thoughtful, up-to-date and "to the point" commentary and insights.' --Alan Boulton, Monash University and Fair Work Commission, Australia'The list of 41 authors of this Handbook reads like a roll-call of the rising generation of scholars of labour law as well as a number of distinguished old hands. This is not a conventional textbook on transnational labour law but a series of short and stimulating essays on important current issues. It provides an invaluable guide for all those who want to think and write about the transnational influences that shape the modern world of work.' --Sir Bob Hepple QC FBA, University of Cambridge, UKTable of ContentsContents: Preface PART I CONCEPTUALIZING TRANSNATIONAL LABOUR LAW 1. Conceptualizing Transnational Labour Law Adelle Blackett and Anne Trebilcock PART II TRANSNATIONAL LABOUR LAW AS LAW A Transnational Labour Law’s Methods 2. Global Organizing and Domestic Constraints Ashwini Sukthankar 3. Corporate Governance Structures and Practices: From Ordeal to Opportunities and Challenges for Transnational Labour Law Isabelle Martin 4. A ‘Dialogic’ Approach In Perspective Laurence Boisson De Chazournes 5. International Labour Indicators: Conceptual and Normative Snares Mark Barenberg 6. Due Diligence on Labour Issues – Opportunities and Limits of the UN Guiding Principles on Business and Human Rights Anne Trebilcock B Challenging Austerity, Facing Development: The North-South Challenge to Transnational Labour Law 7. Structural Adjustment, Economic Governance and Social Policy in a Regional Context: The Case of the Eurozone Crisis Zoe Adams and Simon Deakin 8. International Financial Institutions’ Approaches to Labour Law: The Case of the International Monetary Fund Franz Christian Ebert 9. Racism and the Regulation of Migrant Labour Adrian A. Smith 10. China’s Challenge to Labour Law in both the Global North and the Global South Sean Cooney 11. Anti-Austerity Activism Strategies: Combining Protest and Litigation in Spain Julia López López PART III TRANSNATIONAL LABOUR LAW AS LABOUR LAW A Freedom of Association in the Specificity of Labour Law 12. Pushback on the Right to Strike: Resisting the Thickening of Soft Law Janice R. Bellace 13. The Right to Take Collective Action: Prospects for Change in European Court of Justice Case Law in Light of European Court of Human Rights Decisions Reingard Zimmer 14. Freedom of Association in Deliberative Spaces: The ILO Credentials Committee Faina Milman-Sivan 15. Freedom Of Association In International Framework Agreements Renée-Claude Drouin 16. Transnational Labour Law and Collective Autonomy for Marginalized Workers: Reflections on Decent Work for Domestic Workers Adelle Blackett B On Human Rights and Equality: Does Transnational Labour Law Provide Spaces and Vehicles to Challenge Domestic Labour Law’s Exclusions? 17. Inclusive Equality and New Approaches to Discrimination in Transnational Labour Law Colleen Sheppard 18. Working Together Transnationally Cynthia Estlund 19. Can Human Rights Based Labour Policy Improve the Labour Rights Situation in Developing Countries? A Look at Mexico and the Countries of Central America Graciela Bensusán 20. Constitutionalising Labour in the Inter-American System on Human Rights Rose-Marie Belle Antoine C Emerging Roles for the ILO as an Actor in Transnational Labour Law 21. ILO Normative Action In Its Second Century: Escaping The Double Bind? Francis Maupain 22. The ILO’s Supervisory Bodies’ ‘Soft Law Jurisprudence’ Claire La Hovary 23. Pluralism and Privatization in Transnational Labour Regulation: Experience of the International Labour Organization Janelle M. Diller 24. Emergent Maritime Labour Law: Possible Implications for other Transnational Labour Fields Aimée Asante and Ben Chigara PART IV TRANSNATIONAL LABOUR LAW AS TRANSNATIONAL A Thickening Soft Law? ‘Privatising’ or Infusing Transnational Labour Law with Public International Law Norms? 25. Transnational Private Labour Regulation, Consumer-Citizenship and the Consumer Imaginary Kevin Kolben 26. Thickening Soft Law Through Consumocratic Law: A Pragmatic Approach P. Martin Dumas 27. Diffusion and Leveraging of Transnational Labour Norms by the OECD Jean-Marc Thouvenin 28. The Use of Arbitration to Decide International Labour Issues Kathleen Claussen B Beyond WTO Linkage: Emerging Directions and Social Regionalism 29. What The World Trade Organization Learned From The International Labour Organization Steve Charnovitz 30. Harnessing the Governance Capacity of the European Union: Transnational Labour Law Responses to the Exploitation of Migrant Agricultural Workers Jo Hunt 31. Private International Law Rules for Transnational Employment: Reflections from the European Union Aukje Van Hoek 32. Social Regionalism in the Southern Africa Development Community: The International, Regional and National Interplay of Labour Alternative Dispute Resolution Mechanisms Pamhidai H. Bamu and Rutendo Mudarikwa 33. Labour Rights and Trade Agreements in the Americas Paula Church Albertson and Lance Compa C The Transnational Challenge to the Regulation of Labour as a Factor of Production: on Commodification 34. Trading in Services – Commodities and Beneficiaries Tonia Novitz 35. The Curious Incident of the ILO, Myanmar and Forced Labour Brian Langille 36. The Implications of Preparatory Works for the Debate Regarding Slavery, Servitude and Forced Labour Jean Allain 37. Child Labour and Fragile States in Sub-Saharan Africa: Reflections on Regional and International Responses Aristide Nononsi 38. A Transnational Law of Just Transitions for Climate Change and Labour David J. Doorey Index

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Book SynopsisWorkers, Collectivism and the Law offers a captivating historical account of worker democracy, from its beginnings in European guild systems to present-day labor unions, across the national legal systems of Germany, Sweden, the United Kingdom and the United States. Analysing these legal systems in light of a Habermasian concept of participatory democracy, Laura Carlson identifies ways to strengthen individual employee voice in claims against employers.Carlson highlights how employee voice and democracy, both collective and individual, assume different guises in each of these four labor law models. By tracing voice and democracy as components in the history of collective worker organizations, from guilds to journeymen associations to modern labor unions, Carlson demonstrates how history has shaped today's national labor law models.In the context of modern labor law's central focus on human rights, Carlson articulates the need for stronger legal defence of mechanisms of transparency and procedural due process, to enhance voice and democracy for union members in invoking rights and asserting protections for workers.This insightful book is indispensable reading for labor law academics and for those practicing in employment law, while those interested in the history of labor law will revel in its penetrating survey of the materials.Trade Review'Professor Laura Carlson, with multi-national legal experience, is an ideal scholar to explore how the United Kingdom, Germany, Sweden, and the US have provided diverse legal structures and mechanisms for individual and collective employee voice in the workplace. The book offers well-researched legal and historical background and insightful analysis and comparison of the countries' unique approaches.' --Laura J. Cooper, University of Minnesota Law School, US and Co-Editor, ABA Journal of Labor and Employment Law'Against a rich historical canvas, Carlson explores procedural democracy involving individual and collective labour claims in Germany, Sweden, the UK and the US. Pointing to the common trends and unique features of these systems, this informative book is a useful contribution to the literature on employee voice.' --Anne Trebilcock, Georg-August University, Germany'In this important work, Laura Carlson explores the intersections between law, democracy and collective voice from a comparative perspective. It blends historical sensitivity and theoretical sophistication to produce a work of real scholarly importance. Given the rise of nationalism, authoritarianism and growing social and economic inequalities across Europe, its publication could not be more timely. It deserves to be widely read.' --Alan Bogg, University of Bristol Law School, UKTable of ContentsContents: Introduction to Workers, Collectivism and the Law Part I Workers, collectivism and the law historically 1. Guilds: Brother[sister]hood, friendship and mutual aid 2. The golden age of the English guilds 3. The rise of labor in England 4. Labor in Germany: Rapid transformations 5. Labor in Sweden: Seamless transitions 6. Labor in the United States: The Court is King 7. International influences and congruences Part II The Modern National Labor Law Models 8. Employee voice in the United Kingdom 9. Employee voice in Germany: Dual channels 10. Employee voice in Sweden 11. Employee voice in the United States 12. Voice, democracy, and collectivism in the different systems Bibliography Index

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Book SynopsisThis book offers a critical reflection on the operation and effects of labour regulation. It articulates the broad goals and extensive potential for it to contribute to inclusive development, while also considering the limits of some areas of regulation and governance. Drawing on both field studies and innovative theoretical perspectives, the contributors reveal an emerging consensus that labour regulation is neither negative nor positive for economic and social outcomes. By comparing the concerns and methodologies of various disciplines, they argue that balanced regulation is essential. Following analysis of how the global financial crisis has increased labour market segmentation, the book addresses the needs of key groups often at the periphery, including young women, workers in the informal economy, migrants and home-care workers. The book argues that effective and efficient labour market regulation can contribute to achieving key policy goals of employment formalization and inclusive labour markets, while also pursuing equitable distribution. An important comparative work, academics and students will find this book to be of exceptional value, particularly those studying law, economics, political science, international relations and development studies. Practitioners and policy-makers from both developed and developing countries will also benefit from the wide range of perspectives.Contributors include: D. Bailey, F. Bertranou, L. Casanova, S. Charlesworth, A. De Ruyter, C. Fenwick, M. Freedland, J. Grundy, B.-H. Lee, R. Rachmawati, J. Rubery, M.I. Syaebani, M.P. Thomas, K. Tijdens, V. Van Goethem, M. Van Klaveren, A.M. Vargas Falla, L.F. Vosko, T. WarneckeTable of ContentsContents: 1. Labour market regulation and the imperative to stimulate job-rich growth Colin Fenwick and Valérie Van Goethem Part I: Introduction 2. Reregulating for inclusive labour markets Jill Rubery 3. Beyond New Governance: Improving Employment Standards Enforcement in Liberal Market Economies Leah F. Vosko, John Grundy and Mark P. Thomas Part II: Labour Market Regulation and Vulnerability 4. Assessing the Scale of Women’s Informal Work: An Industry Outlook for 14 Developing Countries Maarten van Klaveren and Kea Tijdens 5. Regulating informal work at the interface between labour law and migration law Mark Freedland 6. Partial protection? The Regulation of Home Care Workers’ Working Conditions Sara Charlesworth Part III: Labour Market Regulation and Informality 7. Informal work in the Republic of Korea: Non-Regulation or Non-Compliance? Byung-Hee Lee 8. Employment Formalization in Argentina: Recurring and New Challenges for Public Policies Fabio Bertranou and Luis Casanova 9. Formalizing Street Vendors: Regulating to Improve Well-Being or to Gain Control? Ana Maria Vargas-Falla 10. Working conditions of urban vendors in Indonesia: Lessons for labour law enforcement Alex de Ruyter, Muhammad Irfan Syaebani, Riani Rachmawati, David Bailey and Tonia Warnecke Index

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Book SynopsisOver recent years, the inability of social security protection to reach workers without a formal employment contract has become an inconvenient reality in both the global north and south. This book explores how provisions for income security can be revised to effectively meet the needs of the labour force in varying economies. In developing economies, informal employment has traditionally accounted for a high proportion of overall employment and this trend looks set to continue. In the global north, the increasing use of flex-contracts and 'dependent self-employment' has led to a rise in the number of workers with limited income protection. An additional challenge for countries in both hemispheres is the rise of the 'gig' economy. This book is the first to open up a dialogue about social security coverage in the developed and developing world. Authors from both sides of the divide have contributed chapters and present a variety of insights, experiments and practices with the aim of identifying better ways to combat the growing social security challenge. Academic researchers with an interest in labour law and social policy will find this book to be an engaging source of innovative research. Practicing lawyers and policy makers will also benefit from the insights and examples provided from a number of different jurisdictions. ntributors include: C. Barnard, A. Blackham, E. Fourie, A. Govindjee, T. Gyulavári, D. Hofmeyr, L. Jianfei, A. Johansson Westregård, L. Lamarche, J. Li, J. Masabo, M. Olivier, P.A. Ortiz, A. Paz-Fuchs, M. Westerveld, M. WynnTrade Review‘This edited collection tackles an important subject, and its well-evidenced discussion should be regarded as an important contribution to a debate that will be increasingly important as employment markets continue to diversify.’ -- Citizens Basic Income TrustTable of ContentsContents: Preface M. Olivier and M. Westerveld Part I General reflections 1. Social Security Protection for Informal Economy Workers: Developing World Perspectives Marius Olivier 2. Flexicurity outside the Employment Relationship? Re-engineering Social Security for the New Economy Michael Wynn and Amir Paz-Fuchs 3. Gender and Race in the Informal Economy: the South African Framework Elmarie Fourie 4. The Self-employed and the Welfare State in the EU: Insights from Gender and Race Equality Law Alysia Blackham and Catherine Barnard Part II Thematic Reflections 5. Labour Relations and Labour Law in Shared Economy Jing Li and Li Jianfei 6. Social protection and vulnerable work in South Africa Avinash Govindjee Part III Regional Approaches 7. Informal and Self-Employment Workers in Latin America: From an Excluded Category to an Example of Innovative Inclusive Measures Pablo Arellano Ortiz 8. Structure and Social Protection of the Self-employed Society: An Eastern-European Perspective based on Hungarian Experience Tamás Gyulavári 9. Informality and Social Insurance in East Africa: an Assessment of the Law and Practice Juliana Masabo Part IV Country Cases 10. Social Protection for Workers outside the Traditional Employment Contract – a Swedish Example Annamaria Johansson Westregård 11. The Netherlands: Solo Self-Employment and Labour on Demand Mies Westerveld 12. From a Social Protection Regime to an Income Security Agenda: Canada at the Crossroads Lucie Lamarche EPILOGUE Mies Westerveld and Marius Olivier Index

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Book SynopsisThis comprehensive research review discusses an array of distinguished papers from within the sphere of comparative labour law, covering the subject's most compelling and thought-provoking questions. Topics include the uses and limits of comparative labour law, the enforcement of labour rights and the methods of comparative labour law. Prefaced with an original introduction by the editor, this collection promises to be a useful research tool for scholars and practitioners, as well as a fascinating read for those interested in the field.Trade Review‘An Herculean effort that teases out all the major threads in modern comparative labor law scholarship and weaves them into a comprehensive and comprehensible whole.’ -- Matthew Finkin, University of Illinois, Urbana-Champaign, USTable of ContentsContents: Introduction Anne Trebilcock PART I THE USES AND LIMITS OF COMPARATIVE LABOUR LAW A. Reflections on the Comparative Exercise 1. Alan C. Neal (2015), ‘Endangered Species or Renaissance Child?’, European Labour Law Journal, 6 (2), June, 152–74 2. Katherine V.W. Stone (2007), ‘A New Labor Law for a New World of Work: The Case for a Comparative-Transnational Approach’, Comparative Labor Law and Policy Journal, 28 (3), 565–81 3. Reinhold Fahlbeck (2003), ‘Comparative Labor Law – Quo Vadis?’, Comparative Labor Law and Policy Journal, 25 (1), 7–19 4. Harry W. Arthurs (2007), ‘Compared to What? The UCLA Comparative Labor Law Project and the Future of Comparative Labor Law’, Comparative Labor Law and Policy Journal, 28 (3), 591–612 B. Transposition and Transplants 5. Julia López (2007), ‘Beyond the National Case: The Role of Transnational Labour Law in Shaping Domestic Regulation’, Comparative Labor Law and Policy Journal, 28 (3), 547–63 6. Xavier Beaudonnet (2006), ’How Domestic Jurisdictions use Universal Sources of International Law’, Labour Education, 2-3 (143-44), 9–19 7. Bob Hepple (1999), ‘Can Collective Labour Law Transplants Work? The South African Example’, 20 (1), Industrial Law Journal [South Africa], January, 1–12 8. Christopher Whelan (1982), ‘On Uses and Misuses of Comparative Labour Law: A Case Study’, The Modern Law Review, 45 (3), May, 285–300 PART II METHODS OF COMPARATIVE LABOUR LAW 9. David E. Pozen (2006), ‘The Regulation of Labour and the Relevance of Legal Origin’, Comparative Labor Law and Policy Journal, 28 (1), 43–55 10. Simon Deakin, Priya Lele and Mathias Siems (2007), ‘The Evolution of Labour Law: Calibrating and Comparing Regulatory Regimes’, International Labour Review, 146 (3–4), September, 133–62 11. Alain Supiot (1999), ‘The Transformation of Work and the Future of Labour Law in Europe: A Multidisciplinary Perspective’, International Labour Review, 138 (1), March, 31–46 12. Philippe Auvergnon (2015), ‘Regionalisation of Labour Law in Africa: The OHADA Project’, E-Journal of International and Comparative Labour Studies, 4 (2), May-June, 1–29 13. Dagmar Schiek (2017), ‘Comparing Labour Laws in the EU Internal Market: A Social Actors Perspective’, International Journal of Comparative Labour Law and Industrial Relations, 33 (1), February, 171–94 14. Silvia Spattini (2012), ’Agency Work: A Comparative Analysis’, E-Journal of International and Comparative Labour Studies, 1 (3–4), December, 169–210 PART III AXES OF COMPARISON: TERRITORIES AND TOPICS A. Selected Territories 15. Sean Cooney, Petra Mahy, Richard Mitchell and Peter Gahan (2014), ‘The Evolution of Labor Law in Three Asian Nations: An Introductory Comparative Study’, Comparative Labor Law and Policy Journal, 36 (1), 23–68 16. Colin Fenwick and Evance Kalula (2005), ‘Law and Labour Market Regulation in East Asia and Southern Africa: Comparative Perspectives’, International Journal of Comparative Labour Law and Industrial Relations, 21 (2), 193–226 17. Judy Fudge (2015), ‘Constitutionalizing Labour Rights in Canada and Europe: Freedom of Association, Collective Bargaining, and Strikes’, Current Legal Problems, 68 (1), January, 267–305 18. Arturo Bronstein (2010), ‘Labour Law in Latin America: Some Recent (and not so recent) Trends’, International Journal of Comparative Labour Law and Industrial Relations, 26 (1), 17–41 19. Annamaria Donini, Michele Forlivesi, Anna Rota and Patrizia Tullini (2017),’ Towards Collective Protections for Crowdworkers: Italy, Spain and France in the EU Context’, Transfer: European Review of Labour and Research, 23 (2), May, 207–23 B. Selected Topics of Comparison 20. Marie-Laure Morin (2005), ‘Labour Law and New Forms of Corporate Organization’, International Labour Review, 144 (1), September, 5–30 21. Lisa Rodgers (2012), ‘Vulnerable Workers, Precarious Work and Justifications for Labour Law: A Comparative Study’, E–Journal of International and Comparative Labour Studies, 1 (3–4), November, 87–113 22. Shae McCrystal (2014), ‘Collective Bargaining Beyond the Boundaries of Employment: A Comparative Analysis’, Melbourne University Law Review, 37 (3), 662–98 23. Mary Cornish (2007), ‘Closing the Global Gender Pay Gap: Securing Justice for Women’s Work’, Comparative Labor Law and Policy Journal, 28 (2), 219–49 24. Elaine Dewhurst (2013), ’Models of Protection of the Right of Irregular Immigrants to Back Pay: The Impact of the Interconnection Between Immigration Law and Labour Law’, Comparative Labor Law and Policy Journal, 35 (2), 217–46 25. Julie C. Suk (2011), ‘Preventive Health at Work: A Comparative Approach’, American Journal of Comparative Law, 59 (4), October, 1089–134 26. Guy Davidov and Edo Eshet (2015), ‘Intermediate Approaches to Unfair Dismissal Protection’, Industrial Law Journal, 44 (2), May, 167–93 27. Matthew W. Finkin (2008), ’Privatization of Wrongful Dismissal Protection in Comparative Perspective’, Industrial Law Journal, 37 (2), June, 149–68 PART IV SEEKING ENFORCEMENT OF RIGHTS AT WORK 28. Wenjia Zhuang and Kinglun Ngok (2014), ’Labour Inspection in Contemporary China: Like the Anglo-Saxon Model, but Different’, International Labour Review, 153 (4), December, 561–85 29. Fernando Teixeira da Silva (2010), ’The Brazilian and Italian Labour Courts: Comparative Notes’, International Review of Social History, 55 (3), 381–412 30. Lara Blecher (2017), ’Codes of Conduct: The Trojan Horse of International Human Rights Law?’, Comparative Labor Law and Policy Journal, 38 (3), 437–76 31. Adelle Blackett (2015), ‘Social Regionalism in Better Work Haiti’, International Journal of Comparative Labour Law and Industrial Relations, 31 (2), 163–85 32. Lance A. Compa and Jeffrey S. Vogt (2001),’Labor Rights in the Generalized System of Preferences: A 20-Year Review’, Comparative Labor Law and Policy Journal, 22 (2/3), 199–238 Index

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Book SynopsisThis book examines labour regulation and labour mobility in two professional baseball leagues: Major League Baseball (MLB) in the United States and Nippon Professional Baseball (NPB) in Japan. Through vivid comparative study, Matt Nichol explores how each league internally regulates labour mobility and how this internal regulation engages with external regulation from the legislature, statutory authorities and the courts. This comparison of two highly restrictive labour markets utilizes regulatory theory and labour regulation and suggests a framework for a global player transfer system in baseball.Each system of labour regulation can be viewed as an autopoietic system of law that utilizes voluntary self-regulation as the basis for regulation. While the regulatory systems in each league govern labour mobility in a similar manner using labour controls such as the draft, the reserve system and free agency, the two systems operate differently in terms of the level of labour mobility enjoyed by players. Formal rules, informal rules and normative practice result in MLB having relatively high levels of labour mobility for free agent players while similar players enjoy limited mobility in NPB.The book's engaging, multifaceted focus and comparative nature make it an excellent resource for lawyers, academics and advanced students interested in labour law, sports law, and Asian and European law.Trade Review‘Nichol has written a fascinating account of labour mobility in baseball whilst dissecting theories underpinning the regulation of employment in the sport and building a case for a global player transfer system.’ -- Stacey Steele, Australian Journal of Asian Law‘The confronting assertion that baseball labour is commodified has not been weakened by the MLB’s efforts to restart the season during the pandemic, making Matt Nichol's scholarly examination of “labour regulation and labour mobility in professional baseball’s two elite leagues” both timely and important.’ -- Micah Burch, Zeitschrift für Japanisches RechtTable of ContentsContents: 1. Introduction 2. Overview of Professional Baseball in the United States and Japan 3. The Principle That Labour is Not a Commodity 4. Regulation and Labour Regulation 5. Internal Regulatory Actors and Mechanisms in Professional Baseball 6. External Regulatory Actors and Mechanisms in Professional Baseball 7. The Law and the Principle of Labour Mobility 8. The Scope of Labour Mobility in Professional Baseball 9. The Commodification of Labour in Professional Baseball 10. Globalization and the Framework for a New Global Player Transfer System in Baseball 11. Conclusion Bibliography Index

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Book SynopsisPrecarious work is a current concern throughout Europe as a result of the proliferation of new types of employment related to the gig economy. This timely book, positioned at the intersection between European and national labour law, provides a comprehensive analysis of the legal and social policy challenges arising from this phenomenon. Since the 2008 financial crisis, there has been an increasing need to respond to the rise of precarious work and the risk it poses to the European model of secure employment and social protection, which this book thoroughly explores. Chapters first consider the theoretical foundations of the issue, before examining the key characteristics and dynamics of employment regulation in Europe related to precarious work, as well as surveying recent judicial decisions. The book demonstrates the potential for improved labour regulation and case law to address the situation both at EU and national level. Precarious Work will prove invaluable to law, politics, sociology and anthropology scholars with an interest in the phenomenon of precarious labour. Lawyers, policymakers and other practitioners working in this area will also find this book a useful resource.Trade Review'This book offers timely commentary on the rise of precarious employment in Europe following the global financial crisis, sovereign debt crises and the rise of ''gig economy'' work. Covering developments in a diverse range of States, this book offers cutting-edge analysis from leading scholars regarding the causes of contemporary precarity and the challenges posed to regulation of labour markets.' --Tonia Novitz, University of Bristol, UK'The fragmentation and segmentation of the workforce has led to a multitude of forms of precarious work, now with a new face in the digital economy. It is a big challenge for labour law and industrial relations worldwide. This book focuses on Europe, tries to develop a theoretical framework for this very complex phenomenon, analyses brilliantly the development in different EU Member States and confronts it with the patterns of European and international law, thereby showing the burning need for further regulatory concepts: A must for everybody interested in this topic.' --Manfred Weiss, University of Frankfurt, GermanyTable of ContentsContents: INTRODUCTION Jeff Kenner, Marta Otto, Izabela Florczak Part I Precarious work: towards a new theoretical foundation 1. Precarious Work and Labour Regulation in the EU: Current Reality and Perspectives Izabela Florczak and Marta Otto 2. Precariat – Next Stage of Development or Economic Predominance in a New Scene? Barbara Godlewska-Bujok and Andrzej Patulski 3. Precarious Work and Social Protection: Between Flexicurity and Social Pollution Calogero Massimo Cammalleri Part II The Legal Contours of Precarious Work in Europe 4. Deepening Precarity in the United Kingdom David Mangan 5. The Rise of Precarious Work in Spain. The Effects of the Increase in Labour Market Flexibility Anna Ginès I Fabrellas 6. Precarity of New Forms of Employment Under Swedish Labour Law Annamaria Westregård 7. From Student Work to False Self-Employment: How to Combat Precarious Work in Slovenia? Darja Senčur Peček and Valentina Franca 8. Precarious Work in Poland. How to Tackle the Abuse of Atypical Forms of Employment? Łukasz Pisarczyk and Urszula Torbus 9. On the Balance Between Flexibility and Precarity: Atypical Forms of Employment Under The Laws of the Czech Republic Jakub Tomšej Part III The Challenge Of The ‘Gig Economy’ 10. “Digital Work” in the “Platform Economy”. The Last (But Not Least) Stage of Precariousness in Labour Relationships Gionata Cavallini and Matteo Avogaro 11. Uber Drivers Are ‘Workers’ – The Expanding Scope of the ‘Worker’ Concept in the UK’s Gig Economy Jeff Kenner 12. Digital Work - Real Bargaining. How to Ensure Sustainability of Social Dialogue in Digital Era? Joanna Unterschütz Index

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Book SynopsisMigrant workers around the world are subject to exploitative labor practices that give employers extraordinary bargaining power. This book brings together researchers, practitioners, and advocates who explore the many ways that contracted migrant workers are rendered vulnerable in the workplace. In this book, the term ‘21st-century coolie’ is deployed as a heuristic device that foregrounds the deeply unequal structures shaping the transnational flows of short-term, migrant workers. The term ‘coolie’ harkens back to the labor arrangements of earlier centuries that involved conscripted labor, indentured servitude, and contract labor across national borders. Like those of past centuries, today’s ‘coolies’ are subject to legal constraints inside and outside the employment relationship that force them into subjugated positions within the workplace.The chapters of this anthology situate contemporary global migration regimes in histories of colonization, uncover their racialized as well as gendered nature, and examine the role of nation-states in perpetuating conditions of extreme exploitation. The permeability, mutability, and durability of racial capitalism is revealed through an interdisciplinary and practice-oriented lens.Law and social science students in graduate courses on migration, labor, employment, employment discrimination, and race and the law will gain a deeper understanding of the issues facing migrant workers today, as will students in humanities, performance studies, narrative studies, and communication studies.Table of ContentsContents: PART I MIGRANT WORKERS, GLOBAL RACIAL CAPITALISM AND UNFREEDOM 1 Introduction to Race, Gender and Contemporary International Labor Migration Regimes 2 Robyn Magalit Rodriguez 2 The narrative of ethno-racial labor competition and employee choice 21 Leticia Saucedo PART II THE RETURN OF THE BRACERO PROGRAM? H-VISA HOLDERS IN THE UNITED STATES 3 Bringing back the Bracero Program: the migration industry in the recruitment of H-2 visa workers 35 Rubén Hernández-León, Efrén Sandoval Hernández and Lidia Muñoz Paniagua 4 Delegating discrimination in the temporary worker visa programs 63 Jennifer J. Lee and Rachel Micah-Jones 5 Tech coolies: Indian scientists and engineers entering the United States on H-1B visas 89 Roli Varma PART III LEGAL AND ORGANIZING STRATEGIES FOR U.S. IMMIGRANT AND MIGRANT WORKERS 6 Workers with temporary protected status: the value and limits of delinking immigration and employment status 110 Shannon Gleeson and Kati Griffith 7 Garment worker organizing in Los Angeles 124 Mar Martinez and Mercedes Cortez 8 Emerging forms of organization for precarious migrant workers 130 Ken Wang PART IV DOMESTIC WORKERS AND THE POLITICS OF REPRESENTATION 9 Domestic workers and storytelling advocacy: competing visions of migrant worker organizing 152 Sujatha Fernandes 10 Aesthetics of precarity: racial performativity in the archive of migrant domestic work 174 Maria Eugenia López PART V THE COMPLEXITIES OF GLOBAL PROCESSES FOR WORKERS 11 Sustaining inequality: the incorporation of migrant remittances in the Philippine political economy 192 Suzy Lee Index

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Book SynopsisPositioning industrial relations in a discussion that is sensitive to broader political, historical, and ideological tensions, this insightful book offers reflections on the politics of de-regulation that have developed in southern European work and employment relations over the past 20 years.Interwoven with case studies from Greece, Italy, Portugal, and Spain, the book reviews critical debates and issues related to de-regulation in employment relations and neoliberalism in southern Europe. Taking stock of major changes and crises affecting these national contexts over time, from austerity politics to the COVID-19 pandemic, chapters investigate how new voices, actors, and social movements are beginning to emerge and engage with the politics of work. The book ultimately posits that debates on production and work need to pay closer attention to changes in patterns of consumption and the changing nature of worker voice, and highlights how these changes are being used to undermine collective and social rights.Surveying political shifts in collective worker voice and representation over time, the book will benefit students and scholars of industrial relations, labour studies, the sociology of work, and employment politics. Its evaluation of the impact of de-regulation strategies imposed across southern Europe will prove invaluable to practitioners and policymakers involved in public employment and industrial relations.Trade Review‘This is an important and timely book. The immediate effects of the 2008 financial crisis on the economies of Southern Europe are well documented, but the longer term consequences on industrial relations are less well understood. This edited collection presents a wide ranging exploration of the effects of crisis on employment emphasising in particular changes to the collective regulation of work. An important overview of the complex and changing dynamics of these key economies.’ -- Melanie Simms, University of Glasgow, UK‘This book’s contribution to the labor literature on Southern Europe is theoretically rich and timely. The authors provide a valuable update, covering the years after the financial crisis, and they correct some oversimplified narratives stressing austerity and de-regulation. They demonstrate continued liberalization in employment relations, but also renewed state intervention and mobilization of radical trade unionists, especially in the so-called gig economy.’ -- Ian Greer, Cornell University, US‘This book is so much more than an outstanding analysis of the impact of neoliberal policies of de-regulation and marketization in Southern European countries; it is also an excellent invitation to think outside the box by reframing our understanding of change in industrial relations and political economy.’ -- Torsten Müller, European Trade Union Institute, BelgiumTable of ContentsContents: Preface viii 1 Introduction: politics, regulation and work under the long shadow of neoliberalism in Southern Europe 1 Carlos J. Fernández Rodríguez and Miguel Martínez Lucio 2 The obsession with deregulation, austerity and technological change: the political dimensions of regulatory change and their outcomes in Spain 32 Carlos J. Fernández Rodríguez, Rafael Ibáñez Rojo and Miguel Martínez Lucio 3 Austerity, work and politics: assessing deregulation and political change in Portuguese industrial relations 51 Miguel Martínez Lucio 4 Regulation and representation in Italian industrial relations: between continuities and contradictions 73 Sabrina Colombo and Stefania Marino 5 Crisis, deregulation and the rise of the gig economy: Greek industrial relations and social partnership under stress? 93 Maria Mexi and Chara Kokkinou 6 The political uncoupling of industrial relations and labour market change in Southern Europe 113 Martí López-Andreu 7 New practices in industrial relations: radical unionism in the European periphery 137 Jon Las Heras and Beltrán Roca 8 The emergent challenges of contemporary capitalist models and practices: the dynamics of the platform and gig economy and its social consequences for industrial relations in Southern Europe 163 Luis Enrique Alonso and Carlos J. Fernández Rodríguez Index

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Book SynopsisPresenting the evolution of supplementary pensions over the past 25 years, this comprehensive book introduces the origin of pensions as a concept and explores the role that international organisations play within the field. It draws comparisons between different welfare states, reflecting upon current research and identifying new directions and ideas.Despite observing significant differences in the approaches to pension design, the book identifies common challenges, including the need to provide for an increasingly aging population, slow economic growth following the 2008 global financial crisis, the need for effective regulation, and increased labour market flexibility. Leading scholars analyse the experiences of a broad range of countries and offer insights into their responses to the numerous challenges faced by national pension systems. The book covers significant moments in pensions history following the World Bank’s 1994 report on Averting the Old Age Crisis, and subsequent responses to challenges posed by longevity and economic crises. This book will be an ideal companion for academic researchers and financial law scholars interested in pensions and looking to develop an international perspective on the issue, as well as professionals in the pensions industry who are engaging with other countries and looking to develop their knowledge of overseas pension systems.Trade Review’An excellent book that summarizes 25 years of supplemental pension reforms in 15 OECD countries. Several chapters focus on important analytical issues, such as the role of international organizations in promoting change and how social reforms may win and maintain popular trust.’ -- Mitchell A Orenstein, University of Pennsylvania, US‘The expertise and deep insights of the 30 contributors covering more than 25 years of pensions policy development and implementation in 15 countries make this a book that anyone making or scrutinising pensions policy, legislating for it, regulating it or researching it should have in their library. The insights in the book will help the reader identify the many pitfalls to avoid, the many risks to manage and to consider how to build resilience into pension systems.’ -- Philip Bennett, Durham Law School, UKTable of ContentsContents: Preface ix 1 Introduction 1 James Kolaczkowski, Yves Stevens and Jakob Markus Werbrouck 2 On the origin of pensions 10 Yves Stevens 3 The role of international organizations in the last 25 years and their effect on pension reforms throughout the world 37 Paul Roels 4 Belgium: 25 years of occupational pension schemes for employees in Belgium from a legal perspective 62 Emma Suzanne van Aggelen and Jakob Markus Werbrouck 5 Finland: Pension reforms in Finland 77 Susan Kuivalainen and Kati Kuitto 6 France: A national overview 99 Arnauld D’Yvoire 7 Germany: About unpopular but necessary reforms 122 Heinz-Dietrich Steinmeyer 8 Greece: Α perpetual struggle against the sovereignty of public pension regimes 138 Gabriel Amitsis 9 Ireland: Talking about change – Pension reform in Ireland 1994–2019 164 Michelle Maher 10 Italy: The Italian pension system – reform trajectories and open issues 182 Felice Roberto Pizzuti and Michele Raitano 11 The Netherlands: Pensions in the Netherlands – from defined benefit to defined contribution 207 Erik Lutjens 12 Poland: A preliminary assessment 229 Marek Szczepański, Joanna Ratajczak, Kamila Bielawska, Joanna Rutecka-Góra and Sylwia Pieńkowska-Kamieniecka 13 The development of supplementary pensions in Portugal: Influenced by ideas, the process of European integration and national idiosyncrasies 257 Maria Clara Murteira 14 Spain: The evolution of the Spanish private pension system: 1994–2019 279 Inmaculada Domínguez Fabián and John A. Turner 15 Sweden: (Supplementary) pensions 1994–2019 305 Eskil Wadensjö 16 Switzerland: 25 years of occupational pension provision (1995–2020) 320 Jacques-André Schneider 17 The United Kingdom: Political and labour market influences 348 Bryn Davies and James Kolaczkowski 18 The United States: The evolution of the US pension system – 1994–2019 370 Jonathan Barry Forman, Dana M. Muir and John A. Turner 19 Pensions and the paradox of Trust: Developments over the past 25 years 392 Kamila Bielawska, Sally Shen and John A. Turner 20 Changes in approach to risk sharing in supplementary pension schemes 410 Anna Gierusz, Patrycja Kowalczyk-Rólczyńska, Agnieszka Pobłocka and Joanna Rutecka-Góra 21 Editors’ view and conclusion 439 James Kolaczkowski, Yves Stevens and Jakob Markus Werbrouck Index

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Book SynopsisElgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.Providing a comprehensive, interdisciplinary overview of the gig economy from both a labour and employment perspective, this Research Agenda goes beyond the question of the employment status of platform workers. It investigates how the gig economy is changing the way people work, how the platforms’ business models are spreading in our economies, and what labour and social institutions are needed to respond to the challenges that platform work raises.Covering key issues such as algorithmic management, discrimination, occupational health and safety, casual work and collective labour rights, the authors challenge the narrative that the gig economy is a set of work arrangements that cannot be regulated through existing labour legislation and governance forms. The impact of the gig economy in developing countries and the regulation of global supply changes in platform work are also addressed.With contributions from world-leading authors, this Research Agenda will be crucial reading for scholars of labour and employment law, sociologists, economists and industrial relations specialists.Trade Review‘This important volume lays bare the significance of platform work for the wider world of work and for society at large. Through a multidisciplinary perspective it addresses a myriad of issues concerning platform work that have not received their due attention such as occupational safety and health, discrimination, and gaps in cross-border governance. The editors and contributors have done a fantastic job in making clear both the exceptional – and the unexceptional – aspects of platform work and thus provide a useful guide to scholars, social partners and policymakers of how to shape the gig economy so that it can be of benefit to all.’ -- Janine Berg, International Labour Organization, Geneva, Switzerland‘If the last two years have undoubtedly represented a quantum leap in the understanding and regulation of platform work at the European and national level, this volume marks the beginning of a second age of the multidisciplinary research on forms of work organized by technology. Thought-provoking contributions by brilliant authors from various scientific and geographical backgrounds pave the way for a new season of critical thinking, impactful inquiry and regulatory intervention. A much-recommended reading!’ -- Antonio Aloisi, IE University, Madrid, SpainTable of ContentsContents: 1 Introduction to A Research Agenda for the Gig Economy and Society 1 Valerio De Stefano, Ilda Durri, Charalampos Stylogiannis, Mathias Wouters 2 Exclusion by default: Platform workers’ quest for labour protections 13 Valerio De Stefano, Ilda Durri, Charalampos Stylogiannis, Mathias Wouters 3 The impact of the gig-economy on occupational health and safety: Just an occupation hazard? 33 Aude Cefaliello, Cristina Inversi 4 Algorithmic discrimination, the role of GPS, and the limited scope of EU non-discrimination law 53 Elena Gramano, Miriam Kullmann 5 The law and worker voice in the gig economy 73 Alan Bogg, Ricardo Buendia 6 Platform economy and the risk of in-work poverty: A research agenda for social security lawyers 93 Paul Schoukens, Alberto Barrio, Eleni De Becker 7 Platform work and precariousness: Low earnings and limited control of work 113 Iain Campbell 8 On demand work as a legal framework to understand the gig economy 133 Ruth Dukes 9 Domestic work and the gig economy 149 Natalie Sedacca 10 Is flexibility and autonomy a myth or reality on taxi platforms? Comparison between traditional and app-based taxi drivers in developing countries 167 Uma Rani, Nora Gobel, Rishabh Kumar Dhir 11 The emerging geographies of platform labour: Intensifying trends in global capitalism 193 Kelle Howson, Alessio Bertolini, Srujana Katta, Funda Ustek-Spilda, Mark Graham 12 Crowdwork and global supply chains: Regulating digital piecework 215 Nastazja Potocka-Sionek Index 235

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Book SynopsisThis groundbreaking book examines the growing phenomenon of internships, and the policy issues that they raise, during a time when internships or traineeships have become an important way of transitioning from education into paid work.Featuring contributions from established and emerging scholars in a range of disciplines, the book presents important new research on the use, benefits and regulation of such arrangements. It considers how various countries around the world are meeting the challenge of ensuring decent work for interns, and what more needs to be done to realise that objective. Additionally, the case for new forms of regulation to minimise or prevent the exploitation of interns is explored, against the background of a possible new international labour standard.Presenting new data and analysis on whether internships can - and to what extent do - provide an effective bridge from education to employment, Internships, Employability and the Search for Decent Work Experience will be a key resource for policy-makers and academics in labour law, industrial relations, labour economics, human resource management and education.Trade Review‘An important and much-needed volume. It foregrounds internships as a significant feature of modern labour markets and a key policy and regulatory challenge. An impressively international volume, the book draws on the work of leading experts from a range of disciplines. It clearly outlines the policy challenges and proposes a valuable set of principles for effective regulation.’Table of ContentsContents: PART I BACKGROUND AND CONTEXT 1 Internships: A policy and regulatory challenge 2 Andrew Stewart, Rosemary Owens, Niall O’Higgins and Anne Hewitt 2 The nature and prevalence of internships 17 Andrew Stewart PART II INTERNSHIPS AND EMPLOYABILITY 3 What makes for a ‘good’ internship? 35 Niall O’Higgins and Luis Pinedo Caro 4 How do internships undertaken during higher education affect graduates’ labour-market outcomes in Italy and the United Kingdom? 55 Charikleia Tzanakou, Luca Cattani, Daria Luchinskaya and Giulio Pedrini 5 Challenging the assumptions supporting work experience as a pathway to employment 76 Paula McDonald, Andrew Stewart and Damian Oliver 6 The (non)instrumental character of unpaid internships: Implications for regulating internships 91 Wil Hunt and Charikleia Tzanakou PART III REGULATING INTERNSHIPS: NATIONAL PERSPECTIVES 7 Rights and obligations in the context of internships and traineeships: A German perspective 113 Bernd Waas 8 The law and regulation of internships in South Africa 130 Mahlatse Innocent Malatji 9 Internships and apprenticeships in Sweden, collective bargaining and social partner involvement 145 Jenny Julén Votinius and Mia Rönnmar 10 Square pegs and round holes: Shrinking protections for unpaid interns under the Fair Labor Standards Act 163 James J. Brudney 11 Work experience, the contract of employment and the scope of labour law: The United Kingdom and Australia compared 189 Rosemary Owens PART IV INTERNSHIPS, EDUCATION AND WELFARE 12 Regulating international educational internships: Opportunities and challenges 208 Joanna Howe 13 Universities as internship regulators: Evidence from Australia 223 Anne Hewitt 14 Regulating internships in active labour market programmes: A comparative perspective 239 Irene Nikoloudakis 15 Trainees – the new army of cheap labour: Lessons from workfare 255 Amir Paz-Fuchs 16 Extending social security to trainees in Spain, France and Germany: A tale of segmentation 269 Alexandre de le Court PART V HUMAN RIGHTS AND EQUAL OPPORTUNITY 17 Fundamental rights broadening the scope of labour law? The example of trainees 285 Annika Rosin 18 Working at the edges of legal protection: Equality law and youth work experience from a comparative perspective 302 Alysia Blackham 19 Traineeships and systemic discrimination against young workers 321 Julia López López PART VI INTERNSHIP REGULATION: INTO THE FUTURE 20 Developing new standards for internships 335 Andrew Stewart, Rosemary Owens, Niall O’Higgins and Anne Hewitt Index

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Book SynopsisSearching for paid tasks via digital labour platforms, such as Uber, Deliveroo and Fiverr, has become a global phenomenon and the regular source of income for millions of people. In the advent of digital labour platforms, this insightful book sheds new light on familiar questions about tensions between competition and cooperation, short-term gains and long-term success, and private benefits and public costs. Drawing on a wealth of knowledge from a range of disciplines, including law, management, psychology, economics, sociology and geography, it pieces together a nuanced picture of the societal challenges posed by the platform economy.Chapters present a comprehensive, multidisciplinary overview of the rise of gig work, reflecting on long-term developments in the gig economy and incorporating contemporary developments into the rich theoretical and empirical literature on the topic. Charting new research territory, the book addresses key academic and policy challenges, arming readers with relevant analytical tools and practical solutions to face common problems. This book comprises a key reference for future research on the topic as well as critical policy measures for addressing challenges relating to gig work.Offering an integrated outline of the latest insights, this book is crucial reading for scholars and researchers of the platform economy and gig work, outlining academic insights and empirical research, and illustrating a research agenda for future scholarship. The book’s comprehensive approach will also benefit policy-makers, managers and workers as they confront the platform economy’s wide variety of legal, economic and management challenges.Trade Review‘Only a level playing field will make the platform economy work for everyone. Getting there requires a deep interdisciplinary understanding of the challenges - and potential solutions - involved. In bringing together a diverse group of scholars from a broad range of disciplines Platform Economy Puzzles provides a wide range of excellent perspectives of interest to anyone interested in understanding how we got here – and what should happen next.‘Table of ContentsContents: Preface PART I SETTING THE STAGE – PLATFORM-MEDIATED GIG WORK IN CONTEXT 1 Platform economy puzzles: the need for a multidisciplinary perspective on gig work 2 Jeroen Meijerink, Giedo Jansen and Victoria Daskalova 2 Understanding the prevalence and nature of platform work: the measurement case in the COLLEEM survey study 19 Annarosa Pesole 3 The past, present and future of gig work 46 Jim Stanford 4 Labour protection for non-employees: how the gig economy revives old problems and challenges existing solutions 68 Victoria Daskalova, Shae McCrystal and Masako Wakui PART II UNPACKING PLATFORM ECONOMY PUZZLES – ECONOMIC AND SOCIAL EXCHANGES IN PLATFORM-MEDIATED GIG WORK 5 Platform urbanism and infrastructural surplus 101 Aaron Shapiro 6 Dual value production as key to the gig economy puzzle 123 Niels van Doorn and Adam Badger 7 Online labour platforms, human resource management and platform ecosystem tensions: an institutional perspective 140 Anne Keegan and Jeroen Meijerink 8 Multi-party working relationships in gig work: towards a new perspective 162 James Duggan, Ultan Sherman, Ronan Carbery and Anthony McDonnell PART III SOLUTIONS AND CONCLUSIONS 9 Gigs of their own: reinventing worker cooperativism in the platform economy and its implications for collective action 188 Damion Jonathan Bunders 10 The politics of platform work: representation in the age of digital labour 209 Paul Jonker-Hoffrén and Giedo Jansen 11 Conclusion: solutions to platform economy puzzles and avenues for future research 229 Giedo Jansen, Victoria Daskalova and Jeroen Meijerink Index

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Book SynopsisOrganizing Matters demonstrates the interplay between two distinct logics of labour's collective action: on the one hand, workers coming together, usually at their place of work, entrusting the union to represent their interests and, on the other hand, social bargaining in which the trade union constructs labour's interests from the top down. The book investigates the tensions and potential complementarities between the two logics through the combination of a strong theoretical framework and an extensive qualitative case study of trade union organizing and recruitment in four countries - Austria, Germany, Israel and the Netherlands. These countries still utilize social-wide bargaining but find it necessary to draw and develop strategies transposed from Anglo-American countries in response to continuously declining membership. Trade unionists and scholars will find this a compelling story of organizing, narrated in the voice of organizers, trade union officials and local observers. This is a source for reflection on the daily hardship and strategic goals of organizing. Theorists will be able to utilize the two logics for explaining ongoing challenges for trade unions' revitalization worldwide.Trade Review'Labour unions worldwide have had decades to experiment with different revitalization strategies to combat declining membership and political influence. In Organizing Matters, Guy Mundlak provides a uniquely comprehensive and engaging analysis of how these experiments have played out in four countries where unions are experiencing a growing gap between collective agreement coverage (high or stable) and union membership (low or declining). He draws on examples of organizing campaigns, rich with detail and quotes, to show the tensions unions in these countries experience when they seek to mobilize and recruit members at enterprise level - as well as the potential for these strategies to complement traditional forms of 'social bargaining' at sector or national level. The book's findings give grounds for cautious hope that trade unions are forging new hybrid strategies that use workplace organizing to both strengthen employee voice and mobilize institutional power.' --Virginia Doellgast, Cornell University, USTable of ContentsContents: Introduction: A Theory of Two Logics, A Study of Four Countries 1. The Two Logics of Labour's Association 2. Hybrid industrial relations systems: between Ghent and sliced up bargaining units 3. Four hybrid industrial relations systems – converging challenges, divergent institutions 4. Declining membership and a rising legitimacy gap 5. Membership-based strategies - organizing and recruitment 6. Between two logics - strains of organizing when membership counts 7. Between two logics - bridging practices as a path towards revitalization Postscript: The two logics and membership counts References Index

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Book SynopsisFor this comprehensive collection, the editor has selected some of the most important labor law and economics papers today. This two-volume set tracks the development of the theoretical and empirical scholarship on labor law across a number of disciplines, bringing together traditional legal theory and labor economics, along with more recent findings in behavioral economics.The first volume begins with a broad overview of labor regulation around the world. It then offers major articles on the economics of American labor law and the welfare effects of labor regulation in the US and abroad. The second volume addresses the variety of mandated employee benefits, from minimum wages to maternity benefits and wrongful discharge laws. The collection concludes with some major papers on race and sex discrimination in employment.Table of ContentsContents: Volume I Acknowledgements Introduction John J. Donohue III PART I OVERVIEW: A CROSS COUNTRY COMPARISON OF THE REGULATION OF LABOR 1. Juan C. Botero, Simeon Djankov, Rafael La Porta, Florencio Lopez-de-Silanes and Andrei Shleifer (2004), ‘The Regulation of Labor’ PART II THE ECONOMICS OF AMERICAN LABOR LAW 2. Richard A. Posner (1984), ‘Some Economics of Labor Law’ 3. Kenneth G. Dau-Schmidt (1992), ‘A Bargaining Analysis of American Labor Law and the Search for Bargaining Equity and Industrial Peace’ 4. Cass R. Sunstein (2001), ‘Human Behavior and the Law of Work’ PART III THE IMPACT ON ECONOMIC WELFARE OF THE REGULATION OF LABOR IN THE U.S. AND THE WORLD 5. Thomas J. Holmes (1998), ‘The Effect of State Policies on the Location of Manufacturing: Evidence from State Borders’ 6. Timothy Besley and Robin Burgess (2004), ‘Can Labor Regulation Hinder Economic Performance? Evidence from India’ 7. James Peoples (1998), ‘Deregulation and the Labor Market’ Name Index Volume II Acknowledgements An introduction by the editor to both volumes appears in Volume I PART I MANDATING EMPLOYEE BENEFITS A Minimum Wage Laws 1. David Card and Alan B. Krueger (1994), ‘Minimum Wages and Employment: A Case Study of the Fast-Food Industry in New Jersey and Pennsylvania’ 2. David Neumark and William Wascher (2000), ‘Minimum Wages and Employment: A Case Study of the Fast-Food Industry in New Jersey and Pennsylvania: Comment’ 3. David Card and Alan B. Krueger (2000), ‘Minimum Wages and Employment: A Case Study of the Fast-Food Industry in New Jersey and Pennsylvania: Reply’ B Mandated Maternity Benefits 4. Jonathan Gruber (1994), ‘The Incidence of Mandated Maternity Benefits’ C Mandating Accommodations 5. Christine Jolls (2000), ‘Accommodation Mandates’ D Training 6. Daron Acemoglu and Jörn-Steffen Pischke (1999), ‘Beyond Becker: Training in Imperfect Labour Markets’ E Employment at Will and Wrongful-Discharge Laws 7. Richard A. Epstein (1984), ‘In Defense of the Contract at Will’ 8. Stewart J. Schwab (1993), ‘Life-Cycle Justice: Accommodating Just Cause and Employment at Will’ 9. David H. Autor, John J. Donohue III and Stewart J. Schwab (2006), ‘The Costs of Wrongful-Discharge Laws’ PART II EMPLOYMENT DISCRIMINATION A Racial Discrimination 10. John J. Donohue III and James Heckman (1991), ‘Continuous Versus Episodic Change: The Impact of Civil Rights Policy on the Economic Status of Blacks’ 11. Derek A. Neal and William R. Johnson (1996), ‘The Role of Premarket Factors in Black-White Wage Differences’ B Sex Discrimination 12. Claudia Goldin and Cecilia Rouse (2000), ‘Orchestrating Impartiality: The Impact of “Blind” Auditions on Female Musicians’ 13. Uri Gneezy, Muriel Niederle and Aldo Rustichini (2003), ‘Performance in Competitive Environments: Gender Differences’ C Statistical Discrimination 14. David H. Autor and David Scarborough (2004), ‘Will Job Testing Harm Minority Workers?’ Name Index

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Book SynopsisThe economic analysis of labor and employment law is a bold effort to apply economic theory to explain important empirical facts about the regulation of the employment relationship and to provide positive predictions and normative analyses that are useful to policy-makers. This book draws together 24 chapters, by leading scholars in the field, summarizing the important theoretical and empirical work that has been done to date on a wide spectrum of labor and employment law topics including: regulating employment contracts, unions, collective bargaining, minimum wages, health insurance, executive pay, workers' compensation, unemployment, occupational health and safety, discrimination, needs of families, training and slave labor, to name but a few.This volume is one of the first in a series on specific topics within law and economics which builds upon, updates and replaces Elgar's very popular Encyclopedia of Law and Economics. It is designed as an essential starting point for academics and policy-makers who are interested in these topics.Trade Review'This encyclopedic book lives up to its title. An up-to-date handbook of what we know on almost everything interesting and important in labor written by prominent economists, labor relations experts, and legal experts. The opening chapters lay out the intellectual framework linking law and economics in individual and collective employment contracts. Then comes a potpourri of topics from pay to benefits to regulations to discrimination to global labor markets to. . . you name it. Deeper and more complete than any textbook.' -- Richard B. Freeman, Harvard University, US, National Bureau of Economic Research and London School of Economics, UK'Labor and Employment Law and Economics presents the most recent theoretical and empirical work on a wide variety of labor and employment law issues. Bringing together contributions from first-rate scholars in the field, Dau-Schmidt, Harris and Lobel, have put together a great resource for academics and policy-makers on either side of the Atlantic who are interested in these important issues.' -- John J. Donohue III, Yale Law School, US'This is a welcome and invaluable desktop companion for scholars, teachers, lawyers and policy-makers. Chapters by leading scholars from both law and economics cover an expansive array of topics on the regulation of work through the lens of economic analysis, concisely explaining theoretical foundations as well as identifying cutting-edge intellectual controversies. I recommend it most highly.' -- Gillian Lester, University of California, Berkeley, School of Law, USTable of ContentsContents: Introduction PART I: THE ECONOMICS OF REGULATING THE LABOR MARKET 1. Labor Law and Employment Regulation: Neoclassical and Institutional Perspectives Bruce E. Kaufman PART II: GOVERNANCE AND SELF-GOVERNANCE OF EMPLOYMENT RELATIONSHIPS 2. Employment Contracts Ann-Sophie Vandenberghe 3. Regulating Unions and Collective Bargaining Kenneth G. Dau-Schmidt and Arthur R. Traynor PART III: EMPLOYMENT TERMS AND CONDITIONS AND THEIR REGULATION 4. Investments in Adult Lifelong Learning Lisa M. Lynch 5. Minimum Wage Legislation Simon Deakin and Frank Wilkinson 6. Health Insurance David A. Hyman 7. International Executive Pay: Current Practices and Future Trends Randall S. Thomas 8. Workers’ Compensation John F. Burton, Jr. 9. Occupational Safety and Health Regulation Sidney A. Shapiro 10. Employment Discrimination Stewart J. Schwab 11. Accommodating Families Joyce P. Jacobsen 12. Workplace Disability Seth D. Harris and Michael Ashley Stein 13. Adjudication of Workplace Disputes Douglas M. Mahony and Hoyt N. Wheeler PART IV: REGULATING EMPLOYMENT OF SPECIAL POPULATIONS 14. The Economics of Child Labour Alessandro Cigno 15. The Economics of Slavery, Forced Labor and Human Trafficking Patrick Belser PART V: GOVERNING TERMINATION AND POST-EMPLOYMENT RELATIONSHIPS 16. Discharge J.H. Verkerke 17. Unemployment Stephen A. Woodbury 18. Intellectual Property and Restrictive Covenants Orly Lobel 19. Pensions and Retirement Jonathan Barry Forman PART VI: GOVERNING GLOBAL LABOR MARKETS 20. Migration and Labor Markets: A Brief Survey Jagdeep S. Bhandari 21. Employee Collective Action in a Global Economy Jeffrey M. Hirsch 22. National Regulation in a Global Economy: New Governance Approaches to 21st Century Work Law Orly Lobel 23. International Labor Standards and International Trade: An Economic Overview Richard N. Block and Jonas Zoninsein PART VII: THE FUTURE OF LABOR AND EMPLOYMENT LAW 24. A Labor Law for the Digital Era: The Future of Labor and Employment Law in the United States Katherine V.W. Stone Index

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Book SynopsisThis well-researched book analyzes the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favors economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labor law, and welfare state theory. Undergraduate students in labor law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.Trade Review'Dagmar Schiek has written a timely and vital book. Following financial and sovereign debt crises, the European Union is in crisis. As responses to crisis - for example fiscal union - appear to be couched in wholly technocratic terms, a European public is entitled to ask whether the European Union has any respect for established national traditions of social constitutionalism and social welfare. Dagmar Schiek addresses these questions, both in a historical and contemporary context of social constitutionalism, arguing forcefully for the need to establish social legitimacy within Europe. I recommend this book to all researchers and students of European Union.' --Michelle Everson, Birkbeck College, University of London, UK'Is there a ''European social space''? What is the place of ''social integration'' alongside ''economic integration'' in the EU? Has a ''socially embedded constitutionalism'' been developed in parallel with the internal market case law of the CJEU? Dagmar Schiek in her comprehensive and interdisciplinary study gives refreshing new answers under the recent Lisbon Treaty.' --Norbert Reich, Universitat Bremen, Germany'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' --Tonia Novitz, University of Bristol, UKTable of ContentsContents: Introduction 1. Economic and Social Integration 2. EU Constitutional Law 3. The Trajectory of EU Constitutional Law 4. The EU’s Judicial Constitution after Enlargement 5. Economic and Social Integration Under the EU’s Normative Constitution Bibliography Index

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Book SynopsisEU Labour Law is a concise, readable and thought-provoking introduction to the labor and employment law of the European Union. The book explores the subject's major policy themes, examines the various procedures by which EU labor law is made, and analyzes key topics such as worker migration, equality, working time and procedures for workers' participation in employers' decision-making. It sets the legal materials in their policy context and identifies the important issues which have shaped the development of EU labor law and are likely to determine its future, including the economic crisis and the debate about fundamental rights in the EU. This accessible yet rigorous book will appeal to undergraduate and postgraduate law students, academics and practitioners working on domestic and EU labor and employment law, as well as those with an interest in this increasingly important subject from the perspective of business and management, economics, sociology or politics.Trade Review -- Stephen Weatherill, Somerville College, Oxford, UK’I feel confident that this book will be judged to have made a very significant contribution to the study of European labour law. It fills a particular niche within the rich existing literature by providing a lucid, accessible, and succinct thematic overview of the subject, in much the same way as the author has so successfully done for the study of British labour law in her work on perspectives on labour law.’ -- Mark Freedland, Oxford University, UKTable of ContentsContents: Preface Part I: Introduction 1. Themes in EU Labour Law 2. Regulatory Techniques Part II: Topics in EU Labour Law 3. Worker Migration and Market Integration 4. Equality 1: Women and Men 5. Equality 2: New Grounds, New Techniques 6. Workers and ‘Atypical’ Workers 7. Working Time 8. Worker Protection and Participation 9. Postscript Index

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Book SynopsisEstlund and Wachter have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.'- Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, USThis Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law.In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volume's 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims.Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists.Contributors: R. Arnow-Richman, S. Deakin, Z.J. Eigen, R.A. Epstein, C.L. Estlund, S. Estreicher, B.T. Hirsch, A. Hyde, S. Issacharoff, C. Jolls, B.E. Kaufman, M.M. Kleiner, B.I. Sachs, E. Scharff, S.J. Schwab, M.L. Wachter, D. WeilTrade Review... if you are involved in any way with matters pertaining to trades union and/or employment legislation, you'll find this book an enlightening read... The book certainly offers interesting perspectives on employee-employer relationships, often a fraught and politically divisive subject, which is why you should read it. The extensive footnoting, reams of references and the detailed index provide any number of avenues for further research. --- Phillip Taylor MBE and Elizabeth Taylor, The Barrister MagazineTable of ContentsContents: PART I: FOUNDATIONS 1. Introduction: The Economics of Labor and Employment Law Cynthia L. Estlund and Michael L. Wachter 2. Neoclassical Labor Economics: Its Implications for Labor and Employment Law Michael L. Wachter 3. Economic Analysis of Labor Markets and Labor Law: An Institutional/Industrial Relations Perspective Bruce E. Kaufman PART II: UNIONS AND COLLECTIVE BARGAINING 4. Unions, Dynamism, and Economic Performance Barry T. Hirsch 5. Union Organizing and the Architecture of Employee Choice Benjamin I. Sachs 6. The Deserved Demise of EFCA (and Why the NLRA Should Share its Fate) Richard A. Epstein 7. Evaluating the Effectiveness of National Labor Relations Act Remedies: Analysis and Comparison with Other Workplace Penalty Policies Morris M. Kleiner and David Weil 8. The Union as Broker of Employment Rights Stewart J. Schwab PART III: EMPLOYEE RIGHTS AND EMPLOYER MANDATES 9. Bias and the Law of the Workplace Christine Jolls 10. From Just Cause to Just Notice in Reforming Employment Termination Law Rachel Arnow-Richman 11. The Law and Economics of Employment Protection Legislation Simon Deakin 12. Intellectual Property Justifications for Restricting Employee Mobility: A Critical Appraisal in Light of the Economic Evidence Alan Hyde 13. Antidiscrimination in Employment: The Simple, the Complex, and the Paradoxical Samuel Issacharoff and Erin Scharff 14. The Forum for Adjudication of Employment Disputes Samuel Estreicher and Zev J. Eigen PART IV: CONCLUDING PERSPECTIVES 15. The Striking Success of the National Labor Relations Act Michael L. Wachter 16. Why Workers Still Need a Collective Voice in the Era of Norms and Mandates Cynthia L. Estlund Index

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Book SynopsisThis unique selection of chapters brings together researchers from a variety of academic disciplines to explore aspects of law's engagement with working families. It connects academic debate with policy proposals through an integrated set of approaches and perspectives. Families, Care-giving and Paid Work offers an original approach to a very topical area. Not only does it consider the limitations of law in relation to the regulation of care-giving and workplace relationships, but it is premised upon a reconsideration of law's potential and engages with suggested strategies for bringing about long-term social change. Offering a range of analyses, this book will strongly appeal to policy makers and practitioners involved with promoting work and family issues, students in labor and employment studies, law and social policy, as well as academics interested in work and family reconciliation issues, or gender and law issues. Contributors: N. Busby, T. Callus, E. Caracciolo di Torella, S. Charlesworth, R. Guerrina, R. Horton, G. James, C. Lyonette, S. Macpherson, A. Masselot, O. Smith, M. Weldon-JohnsTrade Review'Balancing paid work and family life remains a significant challenge; indeed, the challenges are intensifying as economic austerity threatens the pursuit of gender equality. This excellent book provides extensive justifications for laws and policies which encourage and facilitate the reconciliation of paid work, family life and care-giving. It provides a wealth of data, from a number of jurisdictions, and examines recent trends. It is vital that this area of law and policy is protected and developed and this book plays an important role in that process.' - Clare McGlynn, Durham University, UKTable of ContentsContents: Introduction Nicole Busby and Grace James PART I: WORK–FAMILY CHALLENGES 1. Reconciling Employment and Family Care-giving: A Gender Analysis of Current Challenges and Future Directions for UK Policy Suzi Macpherson 2. Atypical Working in Europe and the Impact on Work–Family Reconciliation Clare Lyonette 3. Is There a Fundamental Right to Reconcile Work and Family Life in the EU? Eugenia Caracciolo di Torella PART II: NATIONAL APPROACHES AND CROSS-NATIONAL CONSIDERATIONS 4. The Rights and Realities of Balancing Work and Family Life in New Zealand Annick Masselot 5. Law’s Response to the Reconciliation of Work and Care: The Australian Case Sara Charlesworth 6. Parental Leave Rights in Italy: Reconciling Gender Ideologies with the Demands of Europeanization Roberta Guerrina 7. Comparative Lessons on Work–Family Conflict – Swedish Parental Leave versus American Parental Leave Michelle Weldon-Johns PART III: ACCOMMODATING CARE 8. Care-giving and Reasonable Adjustment in the UK Rachel Horton 9. Reconciling Care-giving and Work in Ireland: The Contribution of Protection Against Family Status Discrimination Olivia Smith PART IV: CHANGING FOCUS 10. Child Welfare and Work–Family Reconciliation Policies: Lessons from Family Law Grace James and Thérèse Callus 11. Unpaid Care-giving and Paid Work Within a Rights Framework: Towards Reconciliation? Nicole Busby Bibliography Index

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Book SynopsisThis important book plays a vital role in bridging the gap between labour economics, law and economics and the legal profession. Beginning with a general overview of the relationship between labour law and economic theory, it then goes on to examine specific areas within the field of law and economics including: the new law and economic theories on contract formation, with a case study from the Dutch system penalty default rules as applied to Israeli labour law dismissal regulation in the UK and US from a comparative perspective overtime hours in the US and severance pay in Germany the European Works Council an historical and economic analysis of the German co-determined corporation. Table of ContentsContents: Foreword 1. Labour Law and Economic Theory: A Reappraisal 2. The Right-to-Lie: New Law and Economics versus Dutch Labour Law? 3. Information-forcing and Cooperation-Inducing Rules: Rethinking the Building Blocks of Labour Law 4. The Law and Economics of Dismissal Regulation: A Comparative Analysis of the US and UK Systems 5. Potential Labour Market Repercussions of Proposed Reforms to the US Fair Labor Standards Act Overtime Hours Law 6. Law and Economics Analysis of the European Works Council 7. Severance Pay in Germany: A Contract Perspective 8. The Co-determined Corporation as a Player in the Labour Market Index

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Book SynopsisA cascade of TUPE cases, notably and centrally upon the service provision change, and the subsequent enactment of the Collective Redundancies and the Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 by the UK Government, have made necessary this fourth edition of TUPE: Law & Practice.The new 2014 Amendment Regulations, in force from 31 January 2014, are intended to clarify the issues raised by recent cases and also to reduce the burdens on employers of small enterprises.This guide provides analysis of the new 2014 TUPE Amendment Regulations including: The scope to service provision changes (i.e. outsourcing/contracting-out and in), as well as clarification of the Regulation 3. Key changes relating to transfer dismissals and changes to terms and conditions. Pensions obligations under TUPE. Clarified joint consultation rights. The confusing application of TUPE where the transferor is insolvent. Lawyers, politicians and policymakers, HR practitioners, as well as academics, will find this book brings them up to speed on TUPE. This book aims to keep pace with these changes, providing practical advice and cutting edge analysis.Table of Contents PREFACE CONTENTS TABLES OF AUTHORITIES GLOSSARY OF TERMS 1. TUPE IN CONTEXT 1.1. TUPE or not TUPE? 1.2. The Original (1977) Directive 1.3. The original TUPE Regulations - 1981 2. EMPLOYMENT RIGHTS UNDER TUPE 2.1. 1998 ARD 2.2. UK’s Pre-Existing Law before TUPE 1981 2.3. The former TUPE Regulations 1981 2.4. ECJ’s Case Law: 1985-2006 2.5. UK judicial guidance, 1987-2006 2.6. Consultation rights conundrum of 1996 2.7. Key TUPE Provisions on Collective rights 2.8. The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 1999 2.9. Practical Issues post-1999 Consultation Regulations 2.10. Revising the Directive 2.11. Amended Directive – 1998 3. PENSIONS AND TUPE 3.1. The Pensions Exclusion 3.2. The ECJ and Pensions Rights under TUPE 3.3. Whitney v Monster Worldwide Ltd 3.4. Pensions and Public Sector Transfers 3.5. TUPE and the Pensions Act 2004 3.6. TUPE and the Auto-enrolment Regime 4. TUPE AND INSOLVENCY 4.1. The Old Regime 4.2. “Hiving-down” 4.3. The meaning of ETO in insolvency situations 4.4. Insolvency under the 2006 regime & beyond 4.5. Pre-Pack insolvency 4.6. Permitted variations of terms and conditions of employment 4.7. Notification requirements 4.8. Misuse of insolvency proceedings 4.9. Insolvency and TUPE Working Together? 5. SERVICE PROVISION CHANGES AND TUPE 5.1. What is service provision change (aka ‘out-sourcing’)? 5.2. Workforce matters in local authority contracts: Best Value 5.3. Contracting-Out and TUPE 5.4. Ordinary Transfers versus Contracting-Out Transfers 5.5. Practical Issues on TUPE with Contracting-Out 5.6. SPC, TUPE and the Law 5.7. The ‘ETO’ Defences and contracting 5.8. Recent developments on SPC 6. TUPE 2014 and beyond 6.1. TUPE Regulations 6.1.1. Types of Transfer 6.1.2. Effect of Relevant Transfers 6.1.3. Collective Agreements and Trade Union Recognition 6.1.4. Employee Dismissal 6.1.5. Pensions 6.1.6. Employee Liability Information 6.1.7. Election of Employee Representatives 6.1.8. Failure to Inform or Consult 6.1.9. Restriction on Contracting Out 6.2. TUPE and Business Transactions 6.3. Due Diligence 6.4. Negotiation of the Contractual Terms 6.5. Other issues Further References Useful Websites APPENDIX 1: COUNCIL DIRECTIVE 98/50/EC APPENDIX 2: TUPE REGULATIONS 2006 APPENDIX 3: TUPE AMENDMENT REGULATIONS 2014

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Book SynopsisVon der Abfindung über Direktionsrecht, Jobsharing, Mankohaftung und Pflichtquote bis zur Zulage: Die Sprache des Arbeitsrechts zeichnet sich durch unzählige Fachbegriffe aus. Einen ersten schnellen Überblick verschafft das vorliegende Nachschlagewerk. Anhand von 333 übersichtlichen Schlüsselbegriffen werden die Grundkonzepte des Arbeitsrechts erläutert. Die Erklärungen sind kompakt und verständlich formuliert und bieten somit Basiswissen für alle, die einen schnellen Einstieg in die Thematik suchen, sich für arbeitsrechtliche Fragen interessieren oder ihr vorhandenes Wissen auffrischen möchten.Table of ContentsBegründung des Arbeitsverhältnisses.- Inhalt des Arbeitsverhältnisses.- Beendigung des Arbeitsverhältnisses.

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Book SynopsisIn Schweden gibt es ein Betriebliches Mitbestimmungsgesetz, ein Kündigungsschutz-, Urlaubs- und Arbeitszeitgesetz – so wie in Deutschland. Aber es gibt keine Betriebsräte, nur ein einziges Arbeitsgericht und kaum Kündigungsschutzklagen – hier unterscheidet sich die nordeuropäische Konsenskultur ganz erheblich von den deutschen Gepflogenheiten.Aufgrund der geografischen Nähe sowie der engen historischen und wirtschaftlichen Verflechtungen werden die kulturellen Unterschiede zwischen Schweden und Deutschland meist stark unterschätzt. Doch können sie besonders in Fragen des Arbeitsrechts leicht zu Missverständnissen und ernsten Problemen führen. Daher ist es unerlässlich, diese Unterschiede zu kennen, um Missverständnisse oder sogar arbeitsgerichtliche Streitigkeiten zu vermeiden. Table of ContentsDas schwedische Arbeitsrecht und seine Rechtsquellen.- Der Arbeitsvertrag.- Urlaub, Mutterschutz, Elternzeit und andere Freistellungen.- Verträge von Geschäftsführern und leitenden Angestellten.- Arbeitnehmerüberlassung.- Die Anstellung beim Betriebsübergang.- Beendigung des Arbeitsverhältnisses.- Haftungsfragen im Arbeitsrecht.- Gerichtsverfahren.- Kollektives Arbeitsrecht.- Arbeitssicherheit und Gesundheitspflege am Arbeitsplatz.- Sozialversicherungsrechtliche Aspekte.- Entsendung von Arbeitnehmern nach Schweden.

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Book SynopsisThorsten Walter beschreibt die technischen und juristischen Fallstricke sogenannter „Bring your own device“-Modelle und stellt die arbeitsrechtlichen Regelungsinstrumente für den Umgang mit BYOD vor. Darüber hinaus werden die verschiedenen technischen Lösungen zur Umsetzung von BYOD im Unternehmen in leicht verständlicher Form einander gegenübergestellt. Der Autor gibt praktische Empfehlungen zur Gestaltung von Regelungen in Nutzungsvereinbarungen. Table of ContentsWas Sie in diesem Essential finden können.- Schöne neue Welt.- Die Kehrseite.- Überschneidung von beruflicher und Privatsphäre.- Technische Umsetzung.- Handlungsempfehlungen.- Was Sie aus diesem Essential mitnehmen können.

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