Perspectives on Labour Law

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Cambridge University Press, 16 sept. 2004 - 258 pagini
This is an accessible but thought-provoking introduction to labour law. It is suitable for those coming to the subject for the first time, and it will also be of interest to more advanced students, including postgraduates, who need to think about the subject's broader themes. The academic literature on labour law makes considerable use of human rights arguments and of economic analysis. Both of these approaches provide valuable insights into the underlying policy of the law but they can be rather off-putting for students who do not know the international human rights instruments, or who have no background in economics. This book introduces these wider perspectives on labour law and then applies them to a selection of topics, including anti-discrimination law, dismissal, working time, pay, consultation and collective bargaining, trade union membership and industrial action.
 

Pagini selectate

Cuprins

A brief history of labour law
1
Promoting workers rights
3
Managing the economy
5
Reducing the number of strikes
6
Individualism and deregulation the 1980s and early 1990s
8
individualism
9
Tackling strikes
10
Reducing burdens on business
11
Can discrimination ever be justified?
124
English law
125
What constitutes discrimination?
128
Can discrimination ever be justified?
131
Further reading
133
Wages
135
Economics perspectives
136
Equal pay
139

Conclusion
12
Modern approaches to labour law
14
Further reading
15
Economics perspectives on labour law
17
What do economists do?
18
Microeconomics
19
Labour markets
21
two schools of thought
23
Neoclassical economics
24
New institutional economics
26
Macroeconomics
28
Productivity
29
Unemployment
30
The role of economics perspectives
32
Human rights perspectives on labour law
34
Types of rights
37
Civil and political rights
38
Economic and social rights
40
International human rights instruments and domestic law
42
Interpreting rights
43
Rights against whom?
44
Scope
45
Weight
47
Further reading
51
Modes of regulation
52
International and regional regulation
53
The European Convention on Human Rights
57
The European Union
61
What role for national law?
65
Modes of regulation within national law
66
Further reading
69
Who is protected by employment law?
73
Economics perspectives
76
Rights perspectives
79
The scope of employment law
82
Workers
85
Selfemployed people
86
Why does it matter?
87
Atypical workers have other problems too
90
The scope of employment law an issue to remember
91
Further reading
92
Working time
93
Economics perspectives
94
Leave
96
Rights perspectives
98
Leave
99
The law on working time
102
Rules applicable to workers with family responsibilities
106
Further reading
112
Discrimination
114
Arguments which might support legal intervention
117
Rights perspectives
119
Who is protected?
120
What constitutes discrimination?
121
Rights perspectives
140
Equal pay
142
English law
143
Entitlement and enforcement
144
The rate
145
Equal pay
147
Eligibility and enforcement
148
Employers defences
150
Further reading
151
Dismissal
153
Economics perspectives
154
Arguments in favour of regulation
155
Rights perspectives
156
English law
161
Eligibility to claim
162
Controls over the employers reason for dismissal
163
Controls over the employers procedures
164
Remedies
166
Further reading
170
Collective representation
172
Rights perspectives
173
Consultation
175
Economics perspectives
177
Economic arguments in favour of worker participation
179
The law on collective bargaining
181
The law on consultation
185
Further reading
191
Trade union membership
194
Rights perspectives
195
Freedom of association and unions
197
Can an individual be compelled to join a union?
198
Can unions set their own membership criteria?
200
Can unions compel their members to participate in union activities?
201
Economics perspectives
203
Freedom of association as against employers
204
During employment
205
Dismissal
208
Duties to support union activities
209
Freedom of association between workers and trade unions
210
Compulsory trade union membership
211
Union discipline and expulsion
212
Further reading
215
Industrial action
216
Rights perspectives
217
Economics perspectives
221
The law on trade unions and strike organisers
225
The law on individual strikers
231
Further reading
234
What next?
236
The ILO
237
The EU
238
The UK
241
Index
245
Drept de autor

Termeni și expresii frecvente

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Despre autor (2004)

A. C. L. Davies is Fellow and Tutor in Law at Brasenose College, Oxford where she teaches Labour Law and Public Law.

Informații bibliografice

TitluPerspectives on Labour Law
Law in Context
AutorA. C. L. Davies
EditorCambridge University Press, 2004
ISBN0521605237, 9780521605236
Lungime258 pagini
  
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