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SOURCE: Davidov G. The Oxford Handbook of the Law of Work 2024
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MEDIAINFO
Textbook in PDF format At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others. Introduction / Guy Davidov, Brian Langille, and Gillian Lester Fundamentals Section I: The Law of Work: Dimensions of Historical Development Around the World Anthropogenic Labour Law: The Coevolution of Law and Work / Simon Deakin A Rose by Any Other Name: Work Law as the Law of Power / Harry W. Arthurs The Contractual Lens / Brian Langille Postcolonialism and Labour Law / Supriya Routh The Development of the Law of Work in China / Tian Yan The Development of the Law of Work in Latin America / Adrián Goldin The Law of Work in Post-Socialist European Countries / Attila Kun Section II: Why Regulate Work? Traditional Justifications of Labour Law / David Cabrelli Advancing Human Rights, Capabilities, and Non-Domination at Work / Virginia Mantouvalou Labour and Democracy / Kate Andrias Monopsony, Sticky Workers, and Bargaining Power / Stewart J. Schwab The Many Ideas of Labour Law / Hugh Collins Section III: Conceptual ‘Building Blocks’ of the Law of Work The Concept of ‘Employee’ / Guy Davidov The Concept of the Employer / Giovanni Gaudio and Jeremias Adams-Prassl Tertium Non Datur: Intermediate Employment Categories / Antonio Aloisi and Miriam A. Cherry Labour Law in Supply Chains / Alan Hyde Section IV: The (Unsettled) Boundaries of the Law of Work Informality at Work—Towards a Law on Livelihoods? / Kamala Sankaran Work at the Intersection of Employment, Education, Training, and Volunteering / Andrew Stewart and Rosemary Owens Core Concerns of the Law of Work Section V: The Contract of Employment The Managerial Prerogative and Variation of the Employment Contract / Joellen Riley Munton Good Faith Obligations in Employment Law / Kevin Banks Fixed-Term and Zero-Hours Contracts / Mia Rönnmar Non-Compete Covenants / Kenneth G. Dau-Schmidt and Jozie M. Barton Waivability of Employment Rights: New Frontier or Road to Perdition? / Cynthia Estlund Section VI: Individual Work Relations: Core Issues The Minimum Wage / Matthew Dimick Working Time / A.C.L. Davies Parental and Sick Leave: Talking About Inclusive Solidarity / Julia López López and Eusebi Colàs- Neila Dismissal / Takashi Araki Regulating Health and Safety in Capitalist Workplaces: History, Practices, and Prospects / Eric Tucker Detection and Enforcement of Work Law Violations / Tess Hardy Section VII: Collective Labour Relations: Core Issues Freedom of Association / Alan Bogg Comparative Collective Bargaining Law / David J. Doorey Decolonizing the Right to Strike / Flávia Máximo Worker Participation in the Enterprise / Frank Hendrickx, Ilda Durri, and Charalampos Stylogiannis Alt-Labour and Worker Centres / César F. Rosado Marzán Section VIII: Discrimination at Work Race and the Workplace / Llezlie L. Green Discrimination Concerning Hiring and Firing / Sophie Robin-Olivier Effects-Based Discrimination: Beyond the Mirage? / Sandra Fredman Accommodations / Mark Bell Equal Pay / Hiroyo Tokoro Protection from Sexual Harassment / Debbie Collier Protection Against Bullying / David C. Yamada Age Discrimination and Mandatory Retirement / Alysia Blackham Section IX: Human Rights at Work Trafficking, ‘Modern Slavery’, and Forced Labour / Prabha Kotiswaran Privacy at Work and the Right to Private Life Outside Work / Marta Otto Freedom of Speech at and Away from Work / Catherine L. Fisk International and Transnational Law of Work Section X: International and Transnational Labour Law The International Labour Organization and Its Conventions / Anne Trebilcock The Decent Work Agenda and the Developing World / Marlese Von Broembsen Trade Agreements and Labour Law / Lance Compa Transnational Unions and Labour Framework Agreements / Adriana Topo Corporate Social Responsibility and Corporate Codes of Conduct: Theories and Discourses in Transnational Labour Law / Thierry Galani Tiemeni Multi-Stakeholder Initiatives and the Law of Work / Janelle M. Diller Section XI: Immigration and the Law of Work Building Less Precarious Futures for Non-Citizen Workers / Manoj Dias-Abey Posted Workers: Three Transformations of the European Posted Worker / Vladimir Bogoeski Overarching Themes Section XII: Contemporary Labour Market Challenges The Legal Uncertainties of Gig Work / Veena Dubal Online Work / Valerio De Stefano Artificial Intelligence, Big Data, Algorithmic Management, and Labour Law / Pauline T. Kim Section XIII: The Law of Work in a Changing World Debates About the Role of Labour Law in Development / Shelley Marshall A Sustainable Law of Work? / Tonia Novitz Labour in the Time of Covid / Ana Virginia Moreira Gomes and Anil Verma Six Paths for the ‘Future of Work’ Labour Law / Guy Mundlak Index
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