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Cynthia L Estlund - One of the best experts on this subject based on the ideXlab platform.

  • between rights and contract arbitration agreements and non compete covenants as a hybrid Form of Employment law
    University of Pennsylvania Law Review, 2006
    Co-Authors: Cynthia L Estlund
    Abstract:

    The Employment relationship is governed largely by contract, but with a heavy overlay of “rights”: minimum terms and individual rights that are established by external law and are typically nonwaivable. But some terms of Employment are governed neither by ordinary contract nor by ordinary rights, nor even by ordinary waivable rights. Both of the two most controversial contractual instruments in Employment law today—non-compete covenants and mandatory arbitration agreements—take the Form of written contracts; both waive important employee rights (the right to compete postEmployment, the right to litigate future claims); and both are subject to substantive criteria of validity that are set by external law. Both bodies of law may be usefully described as recognizing “conditionally waivable” rights. This Article aims first to show structural parallels between non-compete covenants and mandatory arbitration agreements that place them at a distinct intermediate point along the spectrum between nonwaivable rights and ordinary contract. Second, it seeks to uncover a common logic underlying the law’s choice of this particular hybrid of rights and contract. The linchpin of that common logic lies in the threat that an unregulated waiver of one right (the right to compete or to litigate future claims) poses to adjacent employee rights that the law deems nonwaivable. Third, this Article deploys that underlying logic to offer a critical assessment of the law governing non-competes and arbitration agreements. Finally, this Article tentatively explores the broader potential usefulness of conditional waivability as a way of regulating some terms of Employment. The intriguing potential of conditional waivability lies in its injection of some of the virtues of contract—especially flexibility and variability in the face of widely divergent and changing circumstances—into the pursuit of public goals and the realization of rights in the workplace.

  • between rights and contract arbitration agreements and non compete covenants as a hybrid Form of Employment law
    Social Science Research Network, 2006
    Co-Authors: Cynthia L Estlund
    Abstract:

    The Employment relationship is governed largely by contract, but with a heavy overlay of rights: minimum terms and individual rights that are established by external law and typically non-waivable. But some terms of Employment are governed neither by ordinary contract nor by ordinary rights, nor even by ordinary waivable rights. Consider the two most controversial instruments in Employment law today: non-compete covenants (NCCs) and mandatory arbitration agreements (MAAs). Both take the Form of written contracts that waive important employee rights (the right to compete post-Employment, the right to litigate future claims); both are subject to substantive criteria of validity that are set by external law. Both bodies of law may be usefully described as recognizing conditionally waivable rights. This paper aims first to show structural parallels between NCCs and MAAs that place them at a distinct intermediate point along the spectrum between non-waivable rights and ordinary contract that I call conditional waivability. Second, it seeks to uncover a common logic underlying the law's choice of this particular hybrid of rights and contract. The linchpin of that common logic lies in the threat that unregulated waiver of one right (the right to compete or to litigate future claims) poses to an adjacent employee right that the law deems non-waivable. Third, the paper deploys that underlying logic to offer a critical assessment of the law governing NCCs and MAAs. Finally, the paper tentatively explores the broader potential usefulness of conditional waivability as a way of regulating some terms of Employment. The intriguing potential of conditional waivability lies in its injection of some of the virtues of contract - especially flexibility and variability in the face of widely divergent and changing circumstances - into the pursuit of public goals and the realization of rights in the workplace.

Andriyana Andreeva - One of the best experts on this subject based on the ideXlab platform.

  • новите видове трудови договори актуална форма на заетост the new Employment contracts current Form of Employment
    MPRA Paper, 2015
    Co-Authors: Andriyana Andreeva
    Abstract:

    Резюме: В доклада са разгледани същностните характеристики и спецификите на новите трудови договори, въведени в българското законодателство с промените в КТ от 2010 и 2014 г. Целта е да бъде анализирана актуалната трудовоправна уредба на новите видовете трудови договори като проява и отражение на процеса на „одоговаряне“ в трудовото право, разпрострял се и в останалите правни отрасли. На база на анализа са направени изводи и препоръки относно практическото приложение на тези договори. Summary: The paper presents the essential characteristics and specificities of the new Employment agreements, introduced to the Bulgarian legislation with the amendments of the Labor code in the year 2010 and 2014. The purpose is to analyze the current labor-law regulation of the new Employment agreements as a manifestation and reflection of the process of“negotiation“ in the labor law, which expands also into the other law departments. On basis of the analysis the author makes conclusions and gives recommendations to the practical application of this agreements.

  • новите видове трудови договори актуална форма на заетост the new Employment contracts current Form of Employment
    Social Science Research Network, 2015
    Co-Authors: Andriyana Andreeva
    Abstract:

    Bulgarian Abstract: В доклада са разгледани същностните характеристики и спецификите на новите трудови договори, въведени в българското законодателство с промените в КТ от 2010 и 2014 г. Целта е да бъде анализирана актуалната трудовоправна уредба на новите видовете трудови договори като проява и отражение на процеса на „одоговаряне“ в трудовото право, разпрострял се и в останалите правни отрасли. На база на анализа са направени изводи и препоръки относно практическото приложение на тези договори. English Abstract: The paper presents the essential characteristics and specificities of the new Employment agreements, introduced to the Bulgarian legislation with the amendments of the Labor code in the year 2010 and 2014. The purpose is to analyze the current labor-law regulation of the new Employment agreements as a manifestation and reflection of the process of“negotiation“ in the labor law, which expands also into the other law departments. On basis of the analysis the author makes conclusions and gives recommendations to the practical application of this agreements.

Cunningham Stewart - One of the best experts on this subject based on the ideXlab platform.

  • Risking safety and rights : online sex work, crimes and ‘blended safety repertories'
    'Wiley', 2018
    Co-Authors: Campbell Rosemary, Sanders Teela, Scoular Jane, Pitcher Jane, Cunningham Stewart
    Abstract:

    It has been well established that those working in the sex industry are at various risks of violence and crime depending on where they sell sex and the environments in which they work. What sociological research has failed to address is how crime and safety have been affected by the dynamic changing nature of sex work given the dominance of the internet and digital technologies, including the development of new markets such as webcamming. This paper reports the most comprehensive findings on the internet‐based sex market in the UK demonstrating types of crimes experienced by internet‐based sex workers and the strategies of risk management that sex workers adopt, building on our article in the British Journal of Sociology in 2007. We present the concept of ‘blended safety repertoires’ to explain how sex workers, particularly independent escorts, are using a range of traditional techniques alongside digitally enabled strategies to keep themselves safe. We contribute a deeper understanding of why sex workers who work indoors rarely report crimes to the police, reflecting the dilemmas experienced. Our findings highlight how legal and policy changes which seek to ban online adult services advertising and sex work related content within online spaces would have direct impact on the safety strategies online sex workers employ and would further undermine their safety. These findings occur in a context where aspects of sex work are quasi‐criminalized through the brothel keeping legislation. We conclude that the legal and policy failure to recognize sex work as a Form of Employment, contributes to the stigmatization of sex work and prevents individuals working together. Current UK policy disallows a framework for Employment laws and health and safety standards to regulate sex work, leaving sex workers in the shadow economy, their safety at risk in a quasi‐legal system. In light of the strong evidence that the internet makes sex work safer, we argue that decriminalisation as a rights based model of regulation is most appropriate

Stewart Cunningham - One of the best experts on this subject based on the ideXlab platform.

  • Risking safety and rights: online sex work, crimes and ‘blended safety repertories’
    2018
    Co-Authors: Rosie Campbell, Teela Sanders, Jane Scoular, Jane Pitcher, Stewart Cunningham
    Abstract:

    It has been well established that those working in the sex industry are at various risks of violence and crime depending on where they sell sex and the environments in which they work. What sociological research has failed to address is how crime and safety have been affected by the dynamic changing nature of sex work given the dominance of the internet and digital technologies, including the development of new markets such as webcamming. This paper reports the most comprehensive findings on the internet based sex market in the UK demonstrating types of crimes experienced by internet based sex workers and the strategies of risk management that sex workers adopt, building on our article in XYZ in 2007. We present the concept of ‘blended safety repertoires’ to explain how sex workers, particularly independent escorts, are using a range of traditional techniques alongside digitally enabled strategies to keep themselves safe. We contribute a deeper understanding of why sex workers who work indoors rarely report crimes to the police, reflecting the dilemmas experienced. Our findings highlight how legal and policy changes which seek to ban online adult services advertising and sex work related content within online spaces would have direct impact on the safety strategies online sex workers employ and would further undermine their safety. These findings occur in a context where aspects of sex work are quasi-criminalised through the brothel keeping legislation. We conclude that the legal and policy failure to recognise sex work as a Form of Employment, contributes to the stigmatisation of sex work and prevents individuals working together. Current UK policy disallows a framework for Employment laws and health and safety standards to regulate sex work, leaving sex workers in the shadow economy, their safety at risk in a quasi-legal system

Hajo Holst - One of the best experts on this subject based on the ideXlab platform.

  • the strategic use of temporary agency work functional change of a non standard Form of Employment
    International journal of action research, 2010
    Co-Authors: Hajo Holst, Oliver Nachtwey, Klaus Doerre
    Abstract:

    Using data from the German case, the paper examines a new Form of client firms’ utilization of temporary agency work that is distinctly different from traditional Forms responding to production problems. Client firms, particularly from manufacturing, increasingly use temporary agency workers as a quasi-permanent component of their workforce. Management’s primary aim is to establish a “security net” for the short-term-profits by bypassing German statutory dismissal protection. However, since client firms’ regular employees and the temporary agency workers tend to perForm the same tasks, a secondary effect of the strategic use of temporary agency work can be observed: the disciplinary effects associated with precarious work are tangibly amplified and expanded.

  • the strategic use of temporary agency work functional change of a non standard Form of Employment
    International journal of action research, 2010
    Co-Authors: Hajo Holst, Oliver Nachtwey, Klaus Dorre
    Abstract:

    Using data from the German case, the paper examines a new Form of client firms' utilization of temporary agency work that is distinctly different from traditional Forms responding to production problems. Client firms, particularly from manufacturing, increasingly use temporary agency workers as a quasi-permanent component of their workforce. Management's primary aim is to establish a "security net" for the short-term-profits by bypassing German statutory dismissal protection. However, since client firms' regular employees and the temporary agency workers tend to perForm the same tasks, a secondary effect of the strategic use of temporary agency work can be observed: the disciplinary effects associated with precarious work are tangibly amplified and expanded. Key words: temporary agency work, work, labour relations, corporate governance, Germany 1. Introduction Temporary agency work (TAW) has experienced a dramatic development in Germany over the last economic cycle. First, no other industry experienced comparable job growth during the boom between 2005 and 2008. The number of workers employed by agencies more than doubled to over 800.000 on the eve of the current crisis (Bundesagentur 2008: 5). Manpower, Adecco and randstad, all international players, were the three largest growing employers in Germany both in 2006 and in 2007, which reflects client firms' increasing reluctance to directly hire workers covered by statutory dismissal protection. Second, in the same way the industry benefited from the boom years, it was subsequently hit hard by the economic crisis following the breakdown of the Lehman Brothers Bank in September 2008. Between 2008 and 2009, the number of temporary agency workers decreased by more than 300.000. Client firms particularly in the manufacturing sector retained their core workforces but laid off a huge number of their so called "temps". Together, these two developments: the enormous expansion during the boom and the rapid contraction in the crisis, demonstrate the TAW-sector's increasing responsiveness to the economic cycle, and moves the German sector closer to its counterpart in the US (see Theodore/Peck 2002: 479). The sector's close link to the economic cycle is a direct consequence of the reForm of its regulatory framework in 2003. Compared to the Anglo-Saxon countries, Germany was traditionally characterized by a rather rigid regulation of TAW. In order to protect the standard Form of Employment, regulation constrained agencies' arbitrariness as employers and restricted client firms' use of TAW. In its initial version from 1972, the Labour Placement Act limited the period a worker could be hired out to a client firm to three months, and prohibited the use of fixed-term contracts by agencies (Bode et al. 1994). Despites numerous reForms, the maximum period of assignment and the restrictions on fixed-term contracts remained cornerstones of the German regulation until the end of the millennium. However, following a period of intensive lobbying by international agencies as well as powerful German business interests, the TAW-sector was deregulated in 2003. The maximum-period of work assignments and the remaining restrictions of the use of fixed-term contracts were removed (Weinkopf/Vanselow 2008). The reForm enforced by the red-green government moved regulation in Germany closer to the traditionally liberal models in the Anglo-Saxon countries. Furthermore, due to its numerous exemption rules, the European directive on TAW, adopted in 2008, does not constitute a challenge to deregulation in Germany. Formally prescribing equal treatment of temporary agency workers and client firms' regular employees, the directive opened up exemptions based on collective agreements. The deregulation in 2003 laid the foundation for the remarkable development of TAW in Germany in the subsequent years. The rapid expansion was not only a result of the sector's penetration of new client firms and new industries; a growing number of large, world-market oriented corporations, the BMW-plant in Leipzig being the most prominent example, used the deregulation to alter their deployment of this non-standard Form of Employment (Dudenhoffer/Buttner 2006; Promberger et al. …