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The Oxford Handbook of the Law of Work

Edited by: Guy Davidov, Brian Langille, Gillian Lester

ISBN13: 9780192870360
Published: August 2024
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £145.00



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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.

Subjects:
Employment Law
Contents:
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