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Author: Cynthia Estlund Publisher: Yale University Press ISBN: 0300124503 Category : Law Languages : en Pages : 320
Book Description
This original book seeks to shape current trends toward employer self-regulation into a new paradigm of workplace governance in which workers participate. The decline of collective bargaining and the parallel rise of employment law have left workers with an abundance of legal rights but no representation at work. Without representation, even workers' legal rights are often under-enforced. At the same time, however, many legal and social forces have pushed firms to self-regulate--to take on the task of realizing public norms through internal compliance structures. Cynthia Estlund argues that the trend toward self-regulation is here to stay, and that worker-friendly reformers should seek not to stop that trend but to steer it by securing for workers an effective voice within self-regulatory processes. If the law can be retooled to encourage forms of self-regulation in which workers participate, it can help both to promote public values and to revive workplace self-governance.
Author: Cynthia Estlund Publisher: Yale University Press ISBN: 0300124503 Category : Law Languages : en Pages : 320
Book Description
This original book seeks to shape current trends toward employer self-regulation into a new paradigm of workplace governance in which workers participate. The decline of collective bargaining and the parallel rise of employment law have left workers with an abundance of legal rights but no representation at work. Without representation, even workers' legal rights are often under-enforced. At the same time, however, many legal and social forces have pushed firms to self-regulate--to take on the task of realizing public norms through internal compliance structures. Cynthia Estlund argues that the trend toward self-regulation is here to stay, and that worker-friendly reformers should seek not to stop that trend but to steer it by securing for workers an effective voice within self-regulatory processes. If the law can be retooled to encourage forms of self-regulation in which workers participate, it can help both to promote public values and to revive workplace self-governance.
Author: Katherine V.W. Stone Publisher: Russell Sage Foundation ISBN: 1610448030 Category : Business & Economics Languages : en Pages : 438
Book Description
During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.
Author: David Weil Publisher: Harvard University Press ISBN: 067472612X Category : Business & Economics Languages : en Pages : 421
Book Description
In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.
Author: Roger Blanpain Publisher: Aspen Publishing ISBN: 1454822619 Category : Law Languages : en Pages : 1040
Book Description
The first casebook covering both international and comparative labor and employment law is characterized by its authorship by prolific, respected scholars, all of whom have taught law outside the United States. A solid conceptual framework compares national laws dealing with individual collective employment rights, including antidiscrimination law and privacy law, and considers the systems used to resolve labor and employment disputes in the context of international labor law. A sweeping coverage of international labor law considers the International Labour Organization, NAFTA and other bilateral trade agreements that include labor standards, and the European Union. In addition, The Global Workplace explores transnational corporations' self-regulatory efforts (or codes of conduct,) and the mechanisms for pursuing international labor standards in United States courts. Comparisons are drawn among the laws of the United States, Canada, Mexico, the United Kingdom, Germany, France, China, Japan and India. Exploring the similarities and the differences among various approaches to the employment relationship allows students to better understand and evaluate the approach each country takes, and helps them develop a normative approach to labor and employment law. National legal materials are presented within historical and cultural context. Hallmark features of The Global Workplace: International and Comparative Employment Law: First casebook covering both international and comparative labor and employment law Authorship o prolific, respected scholars o all of the authors have taught law outside the United States Conceptual framework o compares national laws dealing with individual collective employment rights o including antidiscrimination law and privacy law o considers the systems used to resolve labor and employment disputes in the context of international labor law Broad coverage of international labor law o International Labour Organization o NAFTA and other bilateral trade agreements that include labor standards o the European Union o comparison of the laws of the United States, Canada, Mexico, the United Kingdom, Germany, France, China, Japan and India o transnational corporations' self-regulatory efforts (or codes of conduct) o mechanisms for pursuing international labor standards in United States courts Explores the similarities and the differences among various approaches to the employment relationship o allows students to better understand and evaluate the approach each country takes o helps develop a normative approach to labor and employment law o national legal materials are contextualized with historical and cultural issues
Author: Julius G. Getman Publisher: Cornell University Press ISBN: 150170365X Category : Law Languages : en Pages : 240
Book Description
Labor unions and courts have rarely been allies. From their earliest efforts to organize, unions have been confronted with hostile judges and antiunion doctrines. In this book, Julius G. Getman argues that while the role of the Supreme Court has become more central in shaping labor law, its opinions betray a profound ignorance of labor relations along with a persisting bias against unions. In The Supreme Court on Unions, Getman critically examines the decisions of the nation’s highest court in those areas that are crucial to unions and the workers they represent: organizing, bargaining, strikes, and dispute resolution. As he discusses Supreme Court decisions dealing with unions and labor in a variety of different areas, Getman offers an interesting historical perspective to illuminate the ways in which the Court has been an influence in the failures of the labor movement. During more than sixty years that have seen the Supreme Court take a dominant role, both unions and the institution of collective bargaining have been substantially weakened. While it is difficult to measure the extent of the Court’s responsibility for the current weak state of organized labor and many other factors have, of course, contributed, it seems clear to Getman that the Supreme Court has played an important role in transforming the law and defeating policies that support the labor movement.
Author: Romain Huret Publisher: University of Pennsylvania Press ISBN: 0812297628 Category : History Languages : en Pages : 361
Book Description
In the historical narrative that prevails today, the New Deal years are positioned between two equally despised Gilded Ages—the first in the late nineteenth century and the second characterized by the world of Walmart, globalization, and right-wing populism in which we currently live. What defines these two ages is an increasing level of inequality legitimized by powerful ideologies, namely, Social Darwinism at the end of the nineteenth century and neoliberalism today. In stark contrast, the era of the New Deal was first and foremost an attempt to put an end to inequality in American society. In the historical longue durée, it appears today as a kind of golden age when policymakers and citizens sought to devise solutions to the two major "questions"—labor on one side, social on the other—that were at the heart of the American political economy during the twentieth century. Capitalism Contested argues that the New Deal order remains an effective framework to make sense of the transformation of American political economy over the last hundred years. Contributors offer an historicized analysis of the degree to which that political, economic, and ideological order persists and the ways in which it has been transcended or even overthrown. The essays pay attention not only to those ideas and social forces hostile to the New Deal, but to the contradictions and debilities that were present at the inauguration or became inherent within this liberal impulse during the last half of the twentieth century. The unifying thematic among the essays consists not in their subject matter—politics, political economy, social thought, and legal scholarship are represented—but in a historical quest to assess the transformation and fate of an economic and policy order nearly a century after its creation. Contributors: Kate Andrias, Romain Huret, William P. Jones, Nelson Lichtenstein, Nancy MacLean, Isaac William Martin, Margaret O'Mara, K. Sabeel Rahman, Timothy Shenk, Elizabeth Tandy Shermer, Jason Scott Smith, Samir Sonti, Karen M. Tani, Jean-Christian Vinel.
Author: Alan Bogg Publisher: OUP Oxford ISBN: 0191505668 Category : Law Languages : en Pages : 704
Book Description
This edited collection is the culmination of a comparative project on 'Voices at Work' funded by the Leverhulme Trust 2010 - 2013. The book aims to shed light on the problematic concept of worker 'voice' by tracking its evolution and its complex interactions with various forms of law. Contributors to the volume identify the scope for continuity of legal approaches to voice and the potential for change in a sample of industrialised English speaking common law countries, namely Australia, Canada, New Zealand, UK, and USA. These countries, facing broadly similar regulatory dilemmas, have often sought to borrow and adapt certain legal mechanisms from one another. The variance in the outcomes of any attempts at 'borrowing' seems to demonstrate that, despite apparent membership of a 'common law' family, there are significant differences between industrial systems and constitutional traditions, thereby casting doubt on the notion that there are definitive legal solutions which can be applied through transplantation. Instead, it seems worth studying the diverse possibilities for worker voice offered in divergent contexts, not only through traditional forms of labour law, but also such disciplines as competition law, human rights law, international law and public law. In this way, the comparative study highlights a rich multiplicity of institutions and locations of worker voice, configured in a variety of ways across the English-speaking common law world. This book comprises contributions from many leading scholars of labour law, politics and industrial relations drawn from across the jurisdictions, and is therefore an exceedingly comprehensive comparative study. It is addressed to academics, policymakers, legal practitioners, legislative drafters, trade unions and interest groups alike. Additionally, while offering a critique of existing laws, this book proposes alternative legal tools to promote engagement with a multitude of 'voices' at work and therefore foster the effective deployment of law in industrial relations.
Author: Vicki Smith Publisher: SAGE Publications ISBN: 1506320937 Category : Business & Economics Languages : en Pages : 1183
Book Description
The simple act of going to work every day is an integral part of all societies across the globe. It is an ingrained social contract: we all work to survive. But it goes beyond physical survival. Psychologists have equated losing a job with the trauma of divorce or a family death, and enormous issues arise, from financial panic to sinking self-esteem. Through work, we build our self-identity, our lifestyle, and our aspirations. How did it come about that work dominates so many parts of our lives and our psyche? This multi-disciplinary encyclopedia covers curricular subjects that seek to address that question, ranging from business and management to anthropology, sociology, social history, psychology, politics, economics, and health. Features & Benefits: International and comparative coverage. 335 signed entries, A-to-Z, fill 2 volumes in print and electronic formats. Cross-References and Suggestions for Further Readings guide readers to additional resources. A Chronology provides students with historical perspective of the sociology of work. In the electronic version, the comprehensive Index combines with the Cross-References and thematic Reader′s Guide themes to provide robust search-and-browse capabilities.
Author: Thomas A. Kochan Publisher: Routledge ISBN: 1000206742 Category : Business & Economics Languages : en Pages : 234
Book Description
This book provides a clear roadmap for the roles workers and leaders in business, labor, education, and government must play in building a new social contract for all to prosper. It is a call to action for a collaborative effort to develop both high-quality jobs and strong, successful businesses while simultaneously overcoming the deep social and economic divisions that are all too apparent in society today. Written by two leading and trusted experts in the field of employment and work from MIT and Cornell University, this book is a practical, action-oriented guide. Readers will feel empowered to take actions needed to shape a better future of work for themselves, their employees, their co-workers, and others they may represent. It emphasizes the need to fix America's broken social contract and reimagine a new one. The most important message of this book is that we have the ability to shape the work of the future by harnessing the power of new technologies. The book is essential reading for business executives, labor leaders and workforce advocates, government policy makers, politicians, and anyone who is interested in using emerging knowledge and technologies to drive innovation, creating high-quality jobs, and shaping a more broadly shared prosperity.
Author: Greg Urban Publisher: University of Pennsylvania Press ISBN: 0812209710 Category : Political Science Languages : en Pages : 391
Book Description
President Theodore Roosevelt once proclaimed, "Great corporations exist only because they are created and safeguarded by our institutions, and it is therefore our right and duty to see that they work in harmony with those institutions." But while corporations are ostensibly regulated by citizens through their governments, the firms in turn regulate many aspects of social and political life for individuals beyond their own employees and the communities that support them. Corporations are endowed with many of the same rights as citizens, such as freedom of speech, but are not themselves typically constituted around ideals of national belonging and democracy. In the wake of the global financial collapse of 2008, the question of what relationship corporations should have to governing institutions has only increased in urgency. As a democratically sanctioned social institution, should a corporation operate primarily toward profit accumulation or should its proper goal be to provision society with needed goods and services? Corporations and Citizenship addresses the role of modern for-profit corporations as a distinctive kind of social formation within democratic national states. Scholars of legal studies, business ethics, politics, history, and anthropology bring their perspectives to bear on particular case studies, such as Enron and Wall Street, as well as broader issues of belonging, social responsibility, for-profit higher education, and regulation. Together, these essays establish a complex and detailed understanding of the ways corporations contribute positively to human well-being as well as the dangers that they pose. Contributors: Joel Bakan, Jean Comaroff, John Comaroff, Cynthia Estlund, Louis Galambos, Rosalie Genova, Peter Gourevitch, Karen Ho, Nien-hê Hsieh, Walter Licht, Jonathan R. Macey, Hirokazu Miyazaki, Lynn Sharp Paine, Katharina Pistor, Amy J. Sepinwall, Jeffery Smith, Jeffrey L. Sturchio, Greg Urban.
Author: Cynthia Estlund
Author: Cynthia Estlund
Author: Katherine V.W. Stone
Author: David Weil
Author: Roger Blanpain
Author: Julius G. Getman
Author: Romain Huret
Author: Alan Bogg
Author: Vicki Smith
Author: Thomas A. Kochan
Author: Greg Urban