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The Oxford Handbook of the Law of Work

The Oxford Handbook of the Law of Work

Author: Guy Davidov; Brian Langille; Gillian Lester
Publisher: Oxford University Press
ISBN: 9780192870360
Published In: August 2024
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
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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

A: Fundamentals

1:Anthropogenic Labour Law: The Coevolution of Law and Work, Simon Deakin

2:A Rose by Any Other Name: Work Law as the Law of Power, Harry Arthurs

3:The Contractual Lens, Brian Langille

4:Postcolonialism and Labour Law, Supriya Routh

5:The Development of the Law of Work in China, Tian Yan

6:The Development of the Law of Work in Latin America, Adrian Goldin

7:The Law of Work in Post-Socialist European Countries, Attila Kun

8:Traditional Justifications of Labour Law, Hugh Collins

9:Advancing Human Rights, Capabilities, and Non-Domination at Work, Virginia Mantouvalou

10:Labour and Democracy, Kate Andrias

11:Monopsony, Sticky Workers, and Bargaining Power, Stewart Schwab

12:The Many Ideas of Labour Law, Hugh Collins

13:The Concept of Employee, Guy Davidov

14:The Concept of the Employer, Giovanni Gaudio & Jeremias Adams-Prassl

15:Tertium Non Datur: Intermediate Employment Categories, Antonio Aloisi & Miriam Cherry

16:Labour Law in Supply Chains, Alan Hyde

17:Informality at Work - Towards a Law of Livelihoods?, Kamala Sankaran

18:Work at the Intersection of Employment, Education, Training, and Volunteering, Andrew Stewart & Rosemary Owens

B: Core Concerns of the Law of Work

19:The Managerial Prerogative and Variation of the Employment Contract, Joellen Riley Munton

20:Good Faith Obligations in Employment Law, Kevin Banks

21:Fixed-Term and Zero-Hours Contracts, Mia Rönnmar

22:Non-Compete Covenants, Kenneth Dau-Schmidt & Jozie Barton

23:Waivability of Employment Rights: New Frontier or Road to Perdition?, Cynthia Estlund

24:The Minimum Wage, Matthew Dimick

25:Working Time, Anne Davies

26:Parental and Sick Leave: Talking About Inclusive Solidarity, Julia López López & Eusebi Colàs-Neila

27:Dismissals, Takashi Araki

28:Regulating Health and Safety in Capitalist Workplaces, Eric Tucker

29:Detection and Enforcement of Work Law Violations, Tess Hardy

30:Freedom of Association, Alan Bogg

31:Comparative Collective Bargaining, David Doorey

32:The Right to Strike and Other Collective Actions, Flávia Máximo

33:Worker Participation in the Enterprise, Frank Henderickx, Ilda Durri & Charalampos Stylogiannis

34:Alt Labour and Worker Centres, César F. Rosado Marzán

35:Race and the Workplace, Llezlie L. Green

36:Discriminations Concerning Hiring and Firing, Sophie Robin Olivier

37:Effects-Based Discrimination: Beyond the Mirage?, Sandra Fredman

38:Accommodations, Mark Bell

39:Equal Pay, Hiroyo Tokoro

40:Protection From Sexual Harassment, Debbie Collier

41:Protection Against Bullying, David Yamada

42:Age Discrimination and Mandatory Retirement, Alysia Blackham

43:Trafficking, 'Modern Slavery', and Forced Labour, Prabha Kotiswaran

44:Privacy at Work and the Right to Private Life Outside Work, Marta Otto

45:Freedom of Speech at and Away from Work, Catherine Fisk

C: International and Transnational Law of Work

46:The International Labour Organization and its Conventions, Anne Trebilcock

47:The 'Decent Work' Agenda and the Developing World, Marlese von Broembsen

48:Trade Agreements and Labour Law, Lance Compa

49:Transnational Unions and Labour Framework Agreements, Adriana Topo

50:Corporate Social Responsibility and Corporate Codes of Conduct, Thierry Galani Tiemeni

51:Multi-Stakeholder Initiatives (MSIs) and the Law of Work, Janelle Diller

52:Building Less Precarious Futures for Non-Citizen Workers, Manoj Dias-Abey

53:Posted Workers: Three Transformations of the European Posted Worker, Vladimir Bogoeski

D: Overarching Themes

54:The Legal Uncertainties of Gig Work, Veena Dubal

55:Online Work, Valerio De Stefano

56:Artificial Intelligence, Big Data, Algorithmic Management, and Labour Law, Pauline T. Kim

57:Debates About the Role of Labour Law in Development, Shelley Marshall

58:A Sustainable Law of Work?, Tonia Novitz

59:Labour in the Time of Covid, Ana Virginia Moreira Gomes & Anil Verma

60:Six Paths for the 'Future of Work' Labour Law, Guy Mundlak

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