The Experts below are selected from a list of 46689 Experts worldwide ranked by ideXlab platform
Mark Freedland - One of the best experts on this subject based on the ideXlab platform.
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Industrial Relations and Labour Law
Industrial Relations Journal, 2015Co-Authors: Paul Davies, Mark FreedlandAbstract:In this article, it is argued that Bill McCarthy's work in the field of industrial relations brought him into a profound engagement with Labour Law, despite his initial commitment to the credo of ‘collective laissez-faire’ with its assertion of a minimal role for Labour Law in that field. His approach to the post-1970 developments in Labour Law was an essentially pragmatic and empirical one, but he maintained the ideals of social justice and collective solidarity and continued to suggest ways in which Labour Law could best be harnessed to the service of those ideals.
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Migrants at Work: Immigration and Vulnerability in Labour Law - Migrants at Work: Immigration and Vulnerability in Labour Law
2014Co-Authors: Cathryn Costello, Mark FreedlandAbstract:1. Migrants at Work and the Division of Labour Law PART I: DIVIDING THE OBJECTS OF Labour Law 2. Precarious Pasts, Precarious Futures 3. Employers and Migrant Legality: Liberalization of Service Provision, Transnational Posting, and the Bifurcation of the European Labour Market 4. Immigration and Labour Market Protectionism: Protecting Local Workers' Preferential Access to the National Labour Market 5. Migrant Workers in Agriculture: A Legal Perspective 6. The EU's Internal Market and the Fragmentary Nature of EU Labour Migration PART II: DIVIDING THE SUBJECTS OF Labour Law 7. Migration Status in Labour and Social Security Law: Between Inclusion and Exclusion in Italy 8. The Sectoral Regulatory Regime: When Work Migration Controls and the Sectorally Differentiated Labour Market Meet 9. Migrants, Unfree Labour, and the Legal Construction of Domestic Servitude: Migrant Domestic Workers in the UK 10. Migrant Labour in the United States: Working Beneath the Floor for Free Labour? 11. Enforcement of Employment Rights by Migrant Workers in the UK: The Case of EU-8 Nationals 12. The Right of Irregular Immigrants to Back Pay: The Spectrum of Protection in International, Regional and National Legal Systems 13. Employer Checks of Immigration Status and Employment Law PART III: REINTEGRATION THROUGH EQUALITY AND HUMAN RIGHTS 14. Migrant Workers and the Right to Non-discrimination and Equality 15. The European Social Charter on Migrant Rights 16. Black Women Workers and Discrimination: Exit, Voice, and Loyalty...or 'Shifting'? 17. Migration, Labour Law, and Religious Discrimination PART IV: REINTEGRATIVE RESPONSES FROM Labour Law 18. Reconciling Openness and High Labour Standards? - Sweden's Attempts to Regulate Labour Migration and Trade in Services 19. Links between Individual Employment Law and Collective Labour Law: Their Implications for Migrant Workers 20. Organizing against Abuse and Exclusion: the Associational Rights of Undocumented Workers 21. Home from Home: Migrant Domestic Workers and the ILO Convention on Domestic Workers 22. Conflicted Priorities? Enforcing Fairness for Temporary Migrants
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migrants at work immigration and vulnerability in Labour Law
2014Co-Authors: Cathryn Costello, Mark FreedlandAbstract:1. Migrants at Work and the Division of Labour Law PART I: DIVIDING THE OBJECTS OF Labour Law 2. Precarious Pasts, Precarious Futures 3. Employers and Migrant Legality: Liberalization of Service Provision, Transnational Posting, and the Bifurcation of the European Labour Market 4. Immigration and Labour Market Protectionism: Protecting Local Workers' Preferential Access to the National Labour Market 5. Migrant Workers in Agriculture: A Legal Perspective 6. The EU's Internal Market and the Fragmentary Nature of EU Labour Migration PART II: DIVIDING THE SUBJECTS OF Labour Law 7. Migration Status in Labour and Social Security Law: Between Inclusion and Exclusion in Italy 8. The Sectoral Regulatory Regime: When Work Migration Controls and the Sectorally Differentiated Labour Market Meet 9. Migrants, Unfree Labour, and the Legal Construction of Domestic Servitude: Migrant Domestic Workers in the UK 10. Migrant Labour in the United States: Working Beneath the Floor for Free Labour? 11. Enforcement of Employment Rights by Migrant Workers in the UK: The Case of EU-8 Nationals 12. The Right of Irregular Immigrants to Back Pay: The Spectrum of Protection in International, Regional and National Legal Systems 13. Employer Checks of Immigration Status and Employment Law PART III: REINTEGRATION THROUGH EQUALITY AND HUMAN RIGHTS 14. Migrant Workers and the Right to Non-discrimination and Equality 15. The European Social Charter on Migrant Rights 16. Black Women Workers and Discrimination: Exit, Voice, and Loyalty...or 'Shifting'? 17. Migration, Labour Law, and Religious Discrimination PART IV: REINTEGRATIVE RESPONSES FROM Labour Law 18. Reconciling Openness and High Labour Standards? - Sweden's Attempts to Regulate Labour Migration and Trade in Services 19. Links between Individual Employment Law and Collective Labour Law: Their Implications for Migrant Workers 20. Organizing against Abuse and Exclusion: the Associational Rights of Undocumented Workers 21. Home from Home: Migrant Domestic Workers and the ILO Convention on Domestic Workers 22. Conflicted Priorities? Enforcing Fairness for Temporary Migrants
Hugh Collins - One of the best experts on this subject based on the ideXlab platform.
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The Capability Approach to Labour Law - What Can Sen’s Capability Approach Offer to Labour Law?
The Capability Approach to Labour Law, 2019Co-Authors: Hugh CollinsAbstract:In response to modern questions about traditional justifications for the need for Labour Law, the chapter explains that such a justification must be a theory of justice. The chapter argues that Sen’s capability approach cannot, contrary to Langille’s claims, provide such a theory of justice for three reasons: the approach endorses relatively unregulated markets, its goal-based approach cannot justify adequate institutional foundations for Labour Law, and it fails to recognize distributive justice as a key aim of Labour Law. Nevertheless, Sen’s capability approach can throw light on the justice of particular aspects of Labour Law such as affirmative action and the importance of flexibility, learning, and autonomy at work.
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Does Labour Law Need Philosophical Foundations? (Introduction)
2018Co-Authors: Hugh Collins, Gillian Lester, Virginia MantouvalouAbstract:This is the introductory chapter of the book Philosophical Foundations of Labour Law (Collins, Lester, Mantouvalou eds, OUP, 2018). It argues that Labour Law needs philosophical foundations and explains that careful reflection about underlying moral and political principles and values can serve to provide firm foundations and a clear sense of direction for Labour Law. At a time when many appear to doubt the value of Labour Laws and workers’ rights at all, the chapter suggests that it is necessary to reassert that the values and principles that provide the foundations for a system of Labour Law are not those of a narrow special interest group, but rather embrace interpretations of key values such as freedom, autonomy, dignity, equal respect, democracy, and social justice.
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Philosophical Foundations of Labour Law
2018Co-Authors: Hugh Collins, Gillian Lester, Virginia MantouvalouAbstract:"This collection of essays presents an interdisciplinary investigation by Lawyers and philosophers into the philosophical ideas, concepts, and principles that provide the foundation for the field of Labour Law and employment Law. The book addresses the doubts that have been expressed about whether a body of Labour Law that protects workers is needed at all, what should be regarded as the proper scope of the field in the light of developments such as the integration of work and home life by means of technology, the globalization of the economy, and the precarious kinds of work that thrive in the gig economy. Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I. freedom, dignity, and human rights; II. distributive justice and exploitation; III. workplace democracy and self-determination; and IV. social inclusion."
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Labour Law: Text and Materials
2005Co-Authors: Hugh Collins, Keith Ewing, Aileen MccolganAbstract:The second edition of this book examines the Law relating to employment, industrial relations, and Labour market regulation in the United Kingdom, including relevant dimensions of EC Law and policy. The text introduces selected extracts from cases, statutes, reports, official statistics, and academic commentary and analysis, and the whole is designed to provide all the materials needed for courses in Labour Law or employment Law. The text emphasises recent developments including the expansion of legal regulation, new forms of work, the integration of Labour Law with broader policies aimed at the enhancement of competitiveness and the prevention of social exclusion, equal opportunities and the protection of rights in the workplace, and new mechanisms for worker participation in decisions.
Cathryn Costello - One of the best experts on this subject based on the ideXlab platform.
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Research Handbook on EU Labour Law
2016Co-Authors: Alan Bogg, Cathryn Costello, A. DaviesAbstract:The purpose of this chapter is survey EU migration and asylum Law from a Labour Law perspective. A Labour Law perspective is concerned with the work relationship, and focuses not only on the worker, but also the employing organisation and any intermediary involved in Labour supply. Examining EU migration and asylum Law using this multifaceted prism of Labour Law reveals that EU migration and asylum Law has a profound impact on Labour Law. That impact may be understood has having three different dimensions. (1) It affects the supply and demand for migrant workers. In this sense, migration Law can be a form of Labour market regulation. (2) migration and asylum Law create different migration statuses that in turn determine, at least in part, Labour rights. The move to re-introduce status over contract as a determinant of workers’ rights divides the subjects of Labour Law. (3) Migration status and the fact of migration may be risk factors for Labour exploitation. In order to examine these three facets, the particular role of the EU in this field must be explained. Part 1 provides a sketch of the role of states and markets in the regulation of migration. It sets the scene to understand the profound but limited role of the EU in this context. Part 2 examines the status of EU Citizenship, and the forms of liberalised free movement in the EU’s internal market, that principally benefit those who hold the nationality of an EU Member State. I also consider two important derivative statuses for so-called third country nationals (TCNs), who gain EU rights as family members of EU Citizens and so-called ‘posted workers’. Part 3 concerns those TCNs who require permission to live and work in the EU, and provides an overview of some of the different statuses created by EU Law, and their Labour rights content. Part 4 explores the notion of ‘irregular status’, and the EU Employer Sanctions Directive and the ruling of the Court of Justice of the European Union (CJEU) in Tümer contrasted. In the final part, Part 6, I briefly highlight some features of migration status that are risk factors for Labour exploitation. A recent EU Fundamental Rights Agency Report details the links between migration and extreme Labour exploitation. Current responses focus unhelpfully on trafficking, or on forced Labour, and look in particular to criminal Law for solutions. This chapter recalls some responses from within Labour Law. It is suggested that further research is required into the question of which regulatory approaches and combinations thereof work best to protect migrant workers from exploitation
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Migrants and Forced Labour: A Labour Law Response
2015Co-Authors: Cathryn CostelloAbstract:In this chapter I illustrate, that immigration Law, the immigration process and Labour market structures may interact to create vulnerability to forced Labour, drawing on empirical studies in the UK. Section II begins with some reflection on Labour Law’s autonomy. Section III seeks to clarify ‘forced Labour’. I examine in turn the binary between ‘free’ and ‘unfree’ Labour in political economy, and the notion of a continuum from free Labour to the ultimate form of unfreedom, slavery. While both the binary and continuum approaches are illuminating, neither approach entirely befits the legal task of identifying the human rights violation that is forced Labour. The distinct legal labels of ‘slavery’, ‘servitude’ and ‘forced Labour’ are legal concepts embodying distinctive institutional forms of work relation. This part also explores how prohibitions on trafficking, in contrast, introduce a distinctive, potentially distortive focus on migration control and criminalization into this field. In light of the preceding discussion, Section IV examines how the migration process and immigration Law create fertile conditions for forced Labour. Some features of immigration Law, such as precarious and irregular migration status are liable to increase dependency in work relations, which can induce domination. However, this part also considers how those with secure migration status, namely EU citizens in the UK, are also vulnerable to forced Labour. In light of this analysis, Section V then critiques the current legal responses to forced Labour. These responses should be of concern to Labour Lawyers, as they obscure general Labour rights concerns, and the regulatory conditions that are fertile for forced Labour. The UK exemplifies the tendency to obscure Labour Law concerns, with a Bill on ‘modern slavery’ going through Parliament at the time of writing, proposing life sentences for those convicted of human trafficking, slavery, forced Labour and domestic servitude. The criminal approach focuses on the outcome (the forced Labour itself), rather than understanding the Laws, practices and regulatory gaps that set up the vulnerability to forced Labour. Accordingly, I contrast this criminal Law approach with the Labour Law approach, taking into account the 2014 Protocol to the ILO Convention on Forced Labour. A third approach focuses on human rights Law. As currently interpreted, the human rights approach is parasitic on the criminal Law approach. I argue that a more progressive (ie orthodox Labour Law) interpretation of human rights Law on forced Labour is appropriate and necessary. A Labour Law approach should ideally entail three main elements, which are briefly sketched here. First, it should insulate Labour rights from migration status. Secondly, it should regulate Labour intermediaries. Thirdly, it should develop better collective and institutional protections for Labour rights. Evidently this is not Labour Law as we find it in the UK today. However, the evidence of extreme Labour exploitation and forced Labour demands an urgent revisitation of the norms and institutions of Labour Law.
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Migrants at Work: Immigration and Vulnerability in Labour Law - Migrants at Work: Immigration and Vulnerability in Labour Law
2014Co-Authors: Cathryn Costello, Mark FreedlandAbstract:1. Migrants at Work and the Division of Labour Law PART I: DIVIDING THE OBJECTS OF Labour Law 2. Precarious Pasts, Precarious Futures 3. Employers and Migrant Legality: Liberalization of Service Provision, Transnational Posting, and the Bifurcation of the European Labour Market 4. Immigration and Labour Market Protectionism: Protecting Local Workers' Preferential Access to the National Labour Market 5. Migrant Workers in Agriculture: A Legal Perspective 6. The EU's Internal Market and the Fragmentary Nature of EU Labour Migration PART II: DIVIDING THE SUBJECTS OF Labour Law 7. Migration Status in Labour and Social Security Law: Between Inclusion and Exclusion in Italy 8. The Sectoral Regulatory Regime: When Work Migration Controls and the Sectorally Differentiated Labour Market Meet 9. Migrants, Unfree Labour, and the Legal Construction of Domestic Servitude: Migrant Domestic Workers in the UK 10. Migrant Labour in the United States: Working Beneath the Floor for Free Labour? 11. Enforcement of Employment Rights by Migrant Workers in the UK: The Case of EU-8 Nationals 12. The Right of Irregular Immigrants to Back Pay: The Spectrum of Protection in International, Regional and National Legal Systems 13. Employer Checks of Immigration Status and Employment Law PART III: REINTEGRATION THROUGH EQUALITY AND HUMAN RIGHTS 14. Migrant Workers and the Right to Non-discrimination and Equality 15. The European Social Charter on Migrant Rights 16. Black Women Workers and Discrimination: Exit, Voice, and Loyalty...or 'Shifting'? 17. Migration, Labour Law, and Religious Discrimination PART IV: REINTEGRATIVE RESPONSES FROM Labour Law 18. Reconciling Openness and High Labour Standards? - Sweden's Attempts to Regulate Labour Migration and Trade in Services 19. Links between Individual Employment Law and Collective Labour Law: Their Implications for Migrant Workers 20. Organizing against Abuse and Exclusion: the Associational Rights of Undocumented Workers 21. Home from Home: Migrant Domestic Workers and the ILO Convention on Domestic Workers 22. Conflicted Priorities? Enforcing Fairness for Temporary Migrants
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migrants at work immigration and vulnerability in Labour Law
2014Co-Authors: Cathryn Costello, Mark FreedlandAbstract:1. Migrants at Work and the Division of Labour Law PART I: DIVIDING THE OBJECTS OF Labour Law 2. Precarious Pasts, Precarious Futures 3. Employers and Migrant Legality: Liberalization of Service Provision, Transnational Posting, and the Bifurcation of the European Labour Market 4. Immigration and Labour Market Protectionism: Protecting Local Workers' Preferential Access to the National Labour Market 5. Migrant Workers in Agriculture: A Legal Perspective 6. The EU's Internal Market and the Fragmentary Nature of EU Labour Migration PART II: DIVIDING THE SUBJECTS OF Labour Law 7. Migration Status in Labour and Social Security Law: Between Inclusion and Exclusion in Italy 8. The Sectoral Regulatory Regime: When Work Migration Controls and the Sectorally Differentiated Labour Market Meet 9. Migrants, Unfree Labour, and the Legal Construction of Domestic Servitude: Migrant Domestic Workers in the UK 10. Migrant Labour in the United States: Working Beneath the Floor for Free Labour? 11. Enforcement of Employment Rights by Migrant Workers in the UK: The Case of EU-8 Nationals 12. The Right of Irregular Immigrants to Back Pay: The Spectrum of Protection in International, Regional and National Legal Systems 13. Employer Checks of Immigration Status and Employment Law PART III: REINTEGRATION THROUGH EQUALITY AND HUMAN RIGHTS 14. Migrant Workers and the Right to Non-discrimination and Equality 15. The European Social Charter on Migrant Rights 16. Black Women Workers and Discrimination: Exit, Voice, and Loyalty...or 'Shifting'? 17. Migration, Labour Law, and Religious Discrimination PART IV: REINTEGRATIVE RESPONSES FROM Labour Law 18. Reconciling Openness and High Labour Standards? - Sweden's Attempts to Regulate Labour Migration and Trade in Services 19. Links between Individual Employment Law and Collective Labour Law: Their Implications for Migrant Workers 20. Organizing against Abuse and Exclusion: the Associational Rights of Undocumented Workers 21. Home from Home: Migrant Domestic Workers and the ILO Convention on Domestic Workers 22. Conflicted Priorities? Enforcing Fairness for Temporary Migrants
Ralf Rogowski - One of the best experts on this subject based on the ideXlab platform.
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The emergence of reflexive global Labour Law
The German Journal of Industrial Relations, 2015Co-Authors: Ralf RogowskiAbstract:The article introduces the main tenets of reflexive Labour Law and uses this perspective to interpret core trends in global Labour Law. It suggests a conceptual distinction between international and global Labour Law and identifies a transformation in the global Labour Law regime related to processes of reflexivity and constitutionalisation. The first part of the article analyses reflexivity within the International Labour Organization (ILO) in relation to its policy of defining Labour standards as human rights. It interprets the increasing attention given to soft Law in the ILO as a reflexive response to the globalisation of Labour Law outside the confines of the nation state. The core reflexive Law concept of regulation of self-regulation is applied to analyse a key source of global Labour Law, namely codes of conduct regulating corporate citizenship and corporate social responsibility programmes in multinational companies. In the final section, the article argues that global Labour Law is emerging as a separate regime in the world society and comments on constitutionalisation as a key process in the emerging regime of global Labour Law.
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Reflexive Labour Law, Capabilities and the Future of Social Europe
2011Co-Authors: Ralf Rogowski, Simon DeakinAbstract:The chapter argues that the transformation of European Labour Law from focussing on employment protection to employment promotion can best be understood by using the concept of reflexive Labour Law. It outlines main tenets of the concept and explores its compatibility with transitional Labour market and capability policies in the context of welfare and employment policies of the European Union. It demonstrates reflexivity in European social policy by discussing the Open Method of Coordination in welfare and employment policies, the European Employment Strategy and the demand for soft Law. Reflexive elements are also detected in the Green Paper on the Reform of Labour Law in Europe and in efforts of concretising the concept of flexicurity for policy purposes. Finally the chapter comments on the impact of regulatory competition after the Court’s rulings in Viking and Laval and analyses the emerging agenda of financial stabilization packages and their implications for European Labour Law.
Virginia Mantouvalou - One of the best experts on this subject based on the ideXlab platform.
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Does Labour Law Need Philosophical Foundations? (Introduction)
2018Co-Authors: Hugh Collins, Gillian Lester, Virginia MantouvalouAbstract:This is the introductory chapter of the book Philosophical Foundations of Labour Law (Collins, Lester, Mantouvalou eds, OUP, 2018). It argues that Labour Law needs philosophical foundations and explains that careful reflection about underlying moral and political principles and values can serve to provide firm foundations and a clear sense of direction for Labour Law. At a time when many appear to doubt the value of Labour Laws and workers’ rights at all, the chapter suggests that it is necessary to reassert that the values and principles that provide the foundations for a system of Labour Law are not those of a narrow special interest group, but rather embrace interpretations of key values such as freedom, autonomy, dignity, equal respect, democracy, and social justice.
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Philosophical Foundations of Labour Law
2018Co-Authors: Hugh Collins, Gillian Lester, Virginia MantouvalouAbstract:"This collection of essays presents an interdisciplinary investigation by Lawyers and philosophers into the philosophical ideas, concepts, and principles that provide the foundation for the field of Labour Law and employment Law. The book addresses the doubts that have been expressed about whether a body of Labour Law that protects workers is needed at all, what should be regarded as the proper scope of the field in the light of developments such as the integration of work and home life by means of technology, the globalization of the economy, and the precarious kinds of work that thrive in the gig economy. Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I. freedom, dignity, and human rights; II. distributive justice and exploitation; III. workplace democracy and self-determination; and IV. social inclusion."
