Enhancing Capabilities Through Labour Law
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Enhancing Capabilities Through Labour Law
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Author : Supriya Routh
language : en
Publisher: Routledge
Release Date : 2014-03-26
Enhancing Capabilities Through Labour Law written by Supriya Routh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-26 with Business & Economics categories.
In 2002 the International Labour Organization issued a report titled ‘Decent work and the informal economy’ in which it stressed the need to ensure appropriate employment and income, rights at work, and effective social protection in informal economic activities. Such a call by the ILO is urgent in the context of countries such as India, where the majority of workers are engaged in informal economic activities, and where expansion of informal economic activities is coupled with deteriorating working conditions and living standards. This book explores the informal economic activity of India as a case study to examine typical requirements in the work-lives of informal workers, and to develop a means to institutionalise the promotion of these requirements through labour law. Drawing upon Amartya Sen’s theoretical outlook, the book considers whether a capability approach to human development may be able to promote recognition and work-life conditions of a specific category of informal workers in India by integrating specific informal workers within a social dialogue framework along with a range of other social partners including state and non-state institutions. While examining the viability of a human development based labour law in an Indian context, the book also indicates how the proposals put forth in the book may be relevant for informal workers in other developing countries. This research monograph will be of great interest to scholars of labour law, informal work and workers, law and development, social justice, and labour studies.
Enhancing Capabilities Through Labour Law
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Author : Supriya Routh
language : en
Publisher: Routledge
Release Date : 2014-03-26
Enhancing Capabilities Through Labour Law written by Supriya Routh and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-26 with Business & Economics categories.
In 2002 the International Labour Organization issued a report titled ‘Decent work and the informal economy’ in which it stressed the need to ensure appropriate employment and income, rights at work, and effective social protection in informal economic activities. Such a call by the ILO is urgent in the context of countries such as India, where the majority of workers are engaged in informal economic activities, and where expansion of informal economic activities is coupled with deteriorating working conditions and living standards. This book explores the informal economic activity of India as a case study to examine typical requirements in the work-lives of informal workers, and to develop a means to institutionalise the promotion of these requirements through labour law. Drawing upon Amartya Sen’s theoretical outlook, the book considers whether a capability approach to human development may be able to promote recognition and work-life conditions of a specific category of informal workers in India by integrating specific informal workers within a social dialogue framework along with a range of other social partners including state and non-state institutions. While examining the viability of a human development based labour law in an Indian context, the book also indicates how the proposals put forth in the book may be relevant for informal workers in other developing countries. This research monograph will be of great interest to scholars of labour law, informal work and workers, law and development, social justice, and labour studies.
The Capability Approach To Labour Law
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Author : Brian Langille
language : en
Publisher: Oxford University Press
Release Date : 2019-04-04
The Capability Approach To Labour Law written by Brian Langille and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-04-04 with Law categories.
Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.
Labour Justice
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Author : Supriya Routh
language : en
Publisher: Cambridge University Press
Release Date : 2024-06-30
Labour Justice written by Supriya Routh and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-06-30 with Law categories.
Offers a novel take on the purpose of labour law and connects constitutional ideals with the objective of labour law.
Re Imagining Labour Law For Development
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Author : Diamond Ashiagbor
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-07-25
Re Imagining Labour Law For Development written by Diamond Ashiagbor and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-25 with Law categories.
The aim of this book is to explore labour law's conceptual and normative narrative. If labour law is informed by the wider political and economic landscape within which it operates, then given the declining prevalence of the post-war model of full employment within a formal welfare state regime, what shape does or should labour law assume in response to the transformation of the political economy in countries of the global North? Correspondingly, what is the proper role to be played by labour law and labour relations institutions in the development process within industrialising countries of the global South, where informal employment has long been, and remains, the predominant form? Drawing on the expertise of leading labour law scholars, this collection addresses those questions by examining the growth and continued prevalence of informality. Offering research that is both empirically grounded and doctrinally astute, the book explores the changing character of labour law in the global North and South.
Global Justice And International Labour Rights
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Author : Yossi Dahan
language : en
Publisher: Cambridge University Press
Release Date : 2016-04-15
Global Justice And International Labour Rights written by Yossi Dahan and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-15 with Law categories.
Presents innovative perspectives on the moral and legal obligations of individuals and institutions toward workers in the global era.
A Purposive Approach To Labour Law
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Author : Guy Davidov
language : en
Publisher: Oxford University Press
Release Date : 2016-05-06
A Purposive Approach To Labour Law written by Guy Davidov and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-06 with Law categories.
The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in light of dramatic changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples of the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered.
Transforming European Employment Policy
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Author : Ralf Rogowski
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011
Transforming European Employment Policy written by Ralf Rogowski and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Business & Economics categories.
Since the mid 1990s, the focus of European employment and social policy has shifted from protection to promotion. This book provides a timely analysis of this new form of governance, and the new forms of policy delivery and audit which accompany it. The limitations of the current approach became particularly apparent during the financial crisis of 2008, and it has now reached a turning point. The book offers a new coherent European reform agenda that views easing transitions in employment and promoting the development of individual and collective capabilities as cornerstones. The contributing authors focus on vocational training, life course policies, reflexive labour law and social insurance, from theoretical, empirical and practical perspectives. Transforming European Employment Policy will be of great benefit to policymakers as well as those researching or studying European law, labour law, industrial relations, political science, social policy or international business.
Labour Law And Sustainable Development
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Author : Valentina Cagnin
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-06-05
Labour Law And Sustainable Development written by Valentina Cagnin and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-06-05 with Law categories.
Labour Law and Sustainable Development is a detailed reconstruction of the regulatory framework and jurisprudential findings of sustainable development at the international, European and national level. The global crisis of the past decade has underlined the social unsustainability of the ultra-liberalistic theories through which the labour law deregulation represents the precondition for social and economic development coherent with the globalization imperatives. It is no exaggeration to assert that the existing foundations of labour law have been irreversibly compromised. It is essential to find a way out of the crisis, at the same time defining the founding values of new sustainable labour law. In linking labour law with the sustainability paradigm, this provocative book promises to widen the scope and terms of the reconciliation of interests, taking into account the multiplicity of the stakeholders interested in economic, social and environmental issues and, in particular, to practise an approach that achieves intergenerational equity. What’s in this book: In an unprecedented comparative study, including case law, of the network of principles, agreements, practices and norms concerning sustainable development and its different economic and social implications, the author examines such facets as the following: sustaining solidarity and equality of opportunity in current and emerging work situations; enhancing individual autonomy in the current world of (subordinate but independent) labour; reconciling personal needs, flexible organization of companies and reduction of external and internal costs to companies; collective action for the regulation of labour relations allowing for the exercise of individual autonomy; involving entire populations that have been so far excluded in the world scene; developing a sustainable pension system to promote intergenerational solidarity; implementing flexicurity policies positively; social clauses of international trade treaties; undoing the profound contradiction of gender and wage inequalities; and promoting corporate social responsibility. The objective of this book is to provide the reader with a reasoning basis to assess whether the choice to elect sustainable development as a new paradigm of reference for labour law is feasible, and if, in particular, this choice can be useful in order to define the founding values of a new ‘sustainable’ labour law. How this will help you: Using an interdisciplinary approach, the author emphasizes the need to consider the various dimensions of sustainability together, not only the original environmental but also the economic and social dimensions. This book offers a real strategic leap for both legislators and social actors, in particular leading the way to avoiding a fracture of the generational pact that has held together modern societies. Although the book presents a profound academic contribution to the analysis of labour law realities and trends, it will also be welcomed by corporate lawyers, judges, human rights experts, trade unionists, business managers, entrepreneurs and consultants interested in the issues of labour, sustainable development and social rights.
Labour Law And Worker Protection In Developing Countries
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Author : Tzehainesh Teklè
language : en
Publisher:
Release Date : 2010
Labour Law And Worker Protection In Developing Countries written by Tzehainesh Teklè and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Business & Economics categories.
This important new study shifts the focus of scholarly and policy debates on the role of labour law in an era of globalization away from the countries and labour law systems of the North to those of the global South. Placing its analysis within the context of the current scholarly debates on the challenges and future of labour law, the book critically reviews the relevant literature and reflects upon the way in which workers' protection tends to be conceptualized, as well as on the adequacy of the legal categories and tools used to further it, with special attention given to the effectiveness of labour legislation in promoting gender equality. The book argues that, in addition to problems in the application of labour law, there is a mismatch between the realities of the developing world and the social, economic and political underpinnings of labour law. This dates back to its development in post-colonial African and South Asian countries and, to a lesser extent, in Latin American ones. The divergence persists, while new manifestations have appeared due to globalization, leaving a significant number of workers outside the scope of labour law and in need of protection. Against this background, the book explores regulatory and policy response at different governance levels to enhance the scope and application of labour regulation in Latin America, South Asia and southern Africa. Book jacket.