• Introduction: The concept of the employer and the personal scope of employment law
• The received concept of the employer
• The shared exercise of employer functions across multiple loci of control
• The fragile scope of employment law coverage
• Complex employment structures in Germany : a comparative perspective
• A functional concept
• A single concept in different contexts
• Conclusion: The broader implications of a tension resolved.

Employment law has increasingly struggled to adapt to complex modern work arrangements, from agency work to corporate groups. This book suggests that the reason for this failure can be found in our concept of the employer, which has become riddled with internal contradictions in its search for a unitary employer, the counterparty to a bilateral contract, through a series of multi-functional tests focussed on the exercise of a range of employer functions. As a result of this tension, full employment law coverage is restricted to a narrow scenario where a single legal entity exercises all employer functions - a paradigm far from the reality of modern labour markets characterized by a fragmentation of work, from the rise of employment agencies and service companies to corporate groups and Private Equity investors. These problems can only be addressed by a careful reconceptualization and the development of a functional concept of the employer. The book draws on existing models in English, German, and European law to develop a definition of the employer as the entity, or combination of entities, exercising functions regulated in a particular domain of employment law. Each of the two strands of the current concept is addressed in turn to demonstrate how a more openly multi-functional approach can successfully overcome the rigidities of the current notion without abandoning a coherent underlying framework. It fills a crucial gap in employment law and corporate law with its analysis of the defects in our current understanding of the employer, and in developing a new functional concept designed to overcome the problems identified.
(source: Nielsen Book Data)9780198735533 20160618

• Labour law after labour / Harry Arthurs
• Factors influencing the making and transformation of labour law in Europe / Bob Hepple
• Re-inventing labour law? / Manfred Weiss
• Hugo Sinzheimer and the constitutional function of labour law / Ruth Dukes
• Global conceptualization and local constructions of the idea of labour law / Adrián Goldin
• The idea of the idea of labour law : a parable / Alan Hyde
• Labour law's theory of justice / Brian Langille
• Labour as a "fictive commodity" : radically reconceptualizing labour law / Judy Fudge
• Theories of rights as justifications for labour law / Hugh Collins
• The contribution of labour law to economic and human development / Simon Deakin
• Re-matching labour laws with their purpose / Guy Davidov
• The legal characterization of personal work relations and the idea of labour law / Mark Freedland and Nicola Kountouris
• Ideas of labour law : a view from the south / Paul Benjamin
• Informal employment and the challenges for labour law / Kamala Sankaran
• The impossibility of work law / Noah D. Zatz
• Using procurement law to enforce labour standards / Catherine Barnard
• Labor activism in local politics : from CBAs to "CBAs" / Katherine Stone and Scott Cummings
• The broad idea of labour law : industrial policy, labour market regulation, and decent work / John Howe
• The third function of labour law : distributing labour market opportunities among workers / Guy Mundlak
• Beyond collective bargaining : modern unions as agents of social solidarity / Gillian Lester
• From conflict to regulation : the transformative function of labour law / Julia López, Consuelo Chacartegui, and César G. Cantón
• Out of the shadows? : the Non-Binding Multilateral Framework on Migration (2006) and prospects for using international labour regulation to forge global labour market membership / Leah F. Vosko
• Flexible bureaucracies in labor market regulation / Michael J. Piore
• Collective exit strategies : new ideas in transnational labour law / Silvana Sciarra
• Emancipation in the idea of labour law / Adelle Blackett.

Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.
(source: Nielsen Book Data)9780199693610 20160606

• Frameworks for internationally comparative analysis / Greg J. Bamber and Philippe Pochet
• An international review of key jurisdictions / Greg J. Bamber ... [et al.]
• An international review of key issues / Greg J. Bamber ... [et al.]
• Work and family
• Individual agreements
• Non-standard employment
• Minimum wage levels
• Working time
• Paid leave entitlements
• Employment protection
• Dispute settlement procedures
• Freedom of association and representative organizations
• Collective bargaining and collective industrial action : coverage and legal framework.

The complexity of employment arrangements in various countries tends to make it difficult to understand them. Nevertheless, it is important to 'take stock' periodically, particularly from an internationally comparative perspective. This remarkable book is a giant step in that direction. It is especially valuable in the context of increasing globalisation. For each of nine key jurisdictions - the European Union, Germany, Sweden, United Kingdom, United States of America, Canada, New Zealand, Australia, and Japan -experts present detailed information and analysis on key issues, shedding valuable light on trends in such specific areas of employment relations as the following: * atypical work and flexible work arrangements; * dispute settlement procedures such as negotiation, conciliation, mediation, arbitration and other forms of governmental or judicial intervention; * job security, anti-discrimination, and gender equality; * recognition of unions and employers' associations and forms of employee representation; * how collective bargaining is regulated, who the collective agreements cover and what they contain; * parental leave and childcare policy; * the capacity of individual agreements to override or not override collective agreements; * minimum wage levels; * overtime and shift work; and * paid leave entitlements. As a general framework, an introductory chapter offers a highly insightful summary of the underpinnings of current analysis of globalization, including discussion of the varieties of capitalism thesis, the divergence/convergence debate (with its models of bipolarization, clustering, and hybridization), and elements of historical and political-economic path dependency in various cultures. The information gathered here provides a powerful new understanding of the increasing 'disconnect' between the prevailing institutional framework for employment relations and the sweeping changes that are taking place in the world of work. With this book's analysis, practitioners and policymakers will be able to overcome their dated assumptions and more effectively accommodate each others' interests in the face of the complex mix of continuity and change that they are confronting. The team of authors are authoritative experts in these countries. They are active in policy or legal analysis, business and/or scholarship.
(source: Nielsen Book Data)9789041131997 20160604

• Introduction / David C. Yamada
• Educating workers about labor rights and global wrongs through documentary film / Fran Ansley
• Working (with) workers : implementing theory / Miriam A. Cherry
• Making our work "work" / Jonathan Barry Forman
• In the cause of union democracy / Michael J. Goldberg
• A theory of adjudication : law as magic / Jessie Allen
• An introduction to the legal profession in China in the year 2008 / Gerard J. Clark
• The law of unintended consequences : shockwaves in the lower courts after Bell Atlantic Corp. v. Twombly / Colleen McMahon.

• 1. Introduction and Overview, David Kucera (ILO).- 2. Indicators of Labour Standard: An Overview and Comparison, Richard Block.- 3. Country-level Assessments of Labor Conditions in Emerging Markets: An Approach for Institutional Investors, Dan Viederman and Erik Klett.- 4. Decent Work, Standards and Indicators, Monique Zarka-Martres and Monique Guichard-Kelly.- 5. The Quantification of Respect for Selected Core Labor Standards: Towards a Social Development Index?, Ludo Cuyvers and Daniel Van Den Bulcke.- 6. Measuring Trade Union Rights by Violations of These Rights, David Kucera.- 7. Taking Labour Laws to the Domestic Dentist: Measuring Countries' Compliance with International Labour Non-discrimination Standards, Miriam Abu Sharkh.- 8. Towards an Index of Core Rights Gaps, W.R. Bohning.- 9. Employment Protection in Industrialized Countries: The Case for New Indicators, Giuseppe Bertola, Tito Boeri and Sandrine Cazes.- 10. Measuring Concealed Rights Violations: The Case of Forced Labour, Patrick Belser, Michaelle de Cock and Farhad Mehran.- Index.
• (source: Nielsen Book Data)9781402052002 20160528

Recent years have witnessed a rapidly growing interest in the use and construction of "qualitative" indicators of labour standards. Qualitative indicators, while generally having numerical values, are based on such methods as grading by experts, the coding of legislation, and the coding of other textual sources addressing violations of a more de facto nature. Measuring compliance with labour standards is an undertaking intrinsically fraught with difficulty. For there are a number of possible sources of measurement error, both random and non-random, that are unique to such indicators, on top of those that affect qualitative and quantitative indicators alike. The growing use of qualitative indicators of labour standards thus raises a number of questions about comparative methods of construction as well as the appropriateness of particular methods for particular applications. This volume results from a seminar that was organized to address these and related questions.
(source: Nielsen Book Data)9781402052002 20160528

• 1 Introduction: Goals and Means in the Regulation of Work Guy Davidov and Brian Langille I. THE VERY IDEA OF LABOUR LAW 2 Labour Law's Back Pages Brian Langille 3 What is Labour Law? Alan Hyde 4 Using Development Approaches to Address the Challenge of the Informal Economy for Labour Law Anne Treblicock II. THE EMPLOYMENT RELATIONSHIP AS A VEHICLE FOR THE DELIVERY OF RIGHTS AND ENTITLEMENTS 5 The Comparative Evolution of the Employment Relationship Simon Deakin 6 Labour Subordination and the Subjective Weakening of Labour Law Adrian Goldin 7 The Reports of My Death are Greatly Exaggerated: 'Employee' as a Viable (Though Over-used) Legal Concept Guy Davidov III. BRINGING ATYPICAL WORK ARRANGEMENTS INTO THE SCOPE OF LABOUR LAW 8 Rethinking Labour Law: Employment Protection for Boundaryless Workers Katherine V.W. Stone 9 Beyond the Boundaries: Prospects for Expanding Labour Market Regulation in South Africa Paul Benjamin 10 Protecting the Worker in the Informal Economy: The Role of Labour Law Kamala Sankaran 11 Ways and Effects of Deconstructing Protection in the Post-socialist New Member Status-Based on Hungarian Experience Csilla Kollonay Lehoczky 12 National and European Public Policy: the Goals of Labour Law Silvana Sciarra IV. IDENTIFYING THE EMPLOYER AND DETERMINING ITS RESPONSIBILITIES 13 The Complexities of the Employing Enterprise Paul Davies and Mark Freedland 14 The Legal Boundaries of the Employer, Precarious Workers, and Labour Protection Judy Fudge 15 Multi-segmented Workforces, Comparative Fairness, and the Capital Boundary Obstacle Hugh Collins V. INTERNATIONAL AND INSTITUTIONAL SOLUTIONS 16 The Employment Relationship: The Issue at the International Level Enrique Marin 17 The Employer and the Worker: The Need for a Comparative and International Perspective Jean-Claude Javillier 18 What Immortal Hand or Eye?-Who will Redraw the Boundaries of Labour Law? Harry Arthurs.
• (source: Nielsen Book Data)9781841135953 20160528

Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to delimit the field. This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Csilla Kollonay Lehoczky, Brian Langille, Enrique Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.
(source: Nielsen Book Data)9781841135953 20160528

How are national and international labour laws responding to the challenge of globalization as it re-shapes the workplaces of the world? This collection of essays by leading legal scholars and lawyers from Europe and the Americas addresses the implications of globalization for the legal regulation of the new workplace. It examines the role of international labour standards and the contribution of the International Labour Organization, and assesses the success of the European experiment with continental employment standards. It explores the prospects for hemispheric co-operation on labour standards in the Americas, and deals with the impact of international labour standards on the rights of women and migrant workers. As the nature and organization of work around the world is being decisively transformed, new regional and international institutions are emerging that may provide the platform for new labour standards, and for protecting existing ones.
(source: Nielsen Book Data)9786610437108 20160527