Journal Article LF v SCRL and the CJEU’s Failure to Engage with the Reality of Muslim Women in the Labour Market Get access Erica Howard Erica Howard Middlesex University, London, United Kingdom e.howard@mdx.ac.uk Search for other works by this author on: Oxford Academic Google Scholar Industrial Law Journal, dwad024, https://doi.org/10.1093/indlaw/dwad024 Published: 19 September 2023 Article history Accepted: 24 August 2023 Published: 19 September 2023
期刊文章LF v scl和欧洲高等法院未能参与劳动力市场中穆斯林妇女的现实获取埃里卡·霍华德埃里卡·霍华德米德尔塞克斯大学，伦敦，英国e.howard@mdx.ac.uk搜索作者的其他作品:牛津学术b谷歌学者工业法杂志，wad024, https://doi.org/10.1093/indlaw/dwad024出版日期:2023年9月19日文章历史接受日期:2023年8月24日出版日期:2023年9月19日
{"title":"<i>LF v SCRL</i> and the CJEU’s Failure to Engage with the Reality of Muslim Women in the Labour Market","authors":"Erica Howard","doi":"10.1093/indlaw/dwad024","DOIUrl":"https://doi.org/10.1093/indlaw/dwad024","url":null,"abstract":"Journal Article LF v SCRL and the CJEU’s Failure to Engage with the Reality of Muslim Women in the Labour Market Get access Erica Howard Erica Howard Middlesex University, London, United Kingdom e.howard@mdx.ac.uk Search for other works by this author on: Oxford Academic Google Scholar Industrial Law Journal, dwad024, https://doi.org/10.1093/indlaw/dwad024 Published: 19 September 2023 Article history Accepted: 24 August 2023 Published: 19 September 2023","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135063623","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract In the 1980s and 1990s, Conservative Governments contemplated but ultimately refused direct interventions in strikes in essential services as unenforceable and ineffective. The Strikes (Minimum Service Levels) Act 2023 crosses this Rubicon. It does so not by a participatory framework but by granting Ministers and employers virtually unrestrained powers to restrict (and effectively prohibit by neutralising the impact of) industrial action by imposing minimum service levels. This article offers a critical account of the Act based on three main claims. First, it argues that the Act is shaped by what is termed ‘coercive dual unilateralism’, an authoritarian crucible of three elements: (i) executive unilateralism, (ii) employer unilateralism and (iii) coercion (severe sanctions compounded by chilling legal uncertainty of ill-defined duties). Secondly, it challenges the Government’s claim of the Act’s compliance with ILO standards and Article 11 ECHR as a misconstruction. Thirdly, it finds that the Act satisfies all three authoritarian markers (stifling of dissent, direct state coercion, elevation of social order as an external justification for restrictions) identified in Bogg’s seminal account of the TUA 2016 as a shift away from neo-liberalism to authoritarianism. But it resists a ‘beyond neo-liberalism’ conclusion. Instead, it argues that the Act should be seen as the product of a ‘strong-weak' state (strong in power, weak in securing consent) that seeks to fortify neo-liberalism against a sharpened contestation reflected in the current strike wave.
{"title":"Crossing the Rubicon: The Strikes (Minimum Service Levels) Act 2023 as an Authoritarian Crucible","authors":"Ioannis Katsaroumpas","doi":"10.1093/indlaw/dwad023","DOIUrl":"https://doi.org/10.1093/indlaw/dwad023","url":null,"abstract":"Abstract In the 1980s and 1990s, Conservative Governments contemplated but ultimately refused direct interventions in strikes in essential services as unenforceable and ineffective. The Strikes (Minimum Service Levels) Act 2023 crosses this Rubicon. It does so not by a participatory framework but by granting Ministers and employers virtually unrestrained powers to restrict (and effectively prohibit by neutralising the impact of) industrial action by imposing minimum service levels. This article offers a critical account of the Act based on three main claims. First, it argues that the Act is shaped by what is termed ‘coercive dual unilateralism’, an authoritarian crucible of three elements: (i) executive unilateralism, (ii) employer unilateralism and (iii) coercion (severe sanctions compounded by chilling legal uncertainty of ill-defined duties). Secondly, it challenges the Government’s claim of the Act’s compliance with ILO standards and Article 11 ECHR as a misconstruction. Thirdly, it finds that the Act satisfies all three authoritarian markers (stifling of dissent, direct state coercion, elevation of social order as an external justification for restrictions) identified in Bogg’s seminal account of the TUA 2016 as a shift away from neo-liberalism to authoritarianism. But it resists a ‘beyond neo-liberalism’ conclusion. Instead, it argues that the Act should be seen as the product of a ‘strong-weak' state (strong in power, weak in securing consent) that seeks to fortify neo-liberalism against a sharpened contestation reflected in the current strike wave.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136249325","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Valerio De Stefano, Ilda Durri, Charalampos Stylogiannis, Mathias Wouters
Abstract This article explores the relationship between modern labour law, trust-based management, and collective labour relations. It begins by examining the historical origins of labour law, which was established to give employers the means to govern their workforce, based on the assumption that workers were untrustworthy. We argue that this notion still persists, albeit in a refined form, and that advancements in technology can exacerbate the negative consequences of managerial prerogatives. The article highlights the need to re-examine the extent of managerial prerogatives and provides several examples of businesses that have adopted trust-based models of organization, leading to positive outcomes. However, the study cautions that trust-based models can be used as a guise for employers to retain greater control over their employees and emphasizes the critical role of collective labour relations in ensuring true trust. The article concludes by arguing that policymakers must challenge the hierarchy-centred model of the employment contract and promote practices that reinforce social dialogue and collective voice in order to reap the benefits of trust-based business practices. This study sheds light on the need to re-evaluate the current employment landscape and consider alternative models that prioritize trust, autonomy, and social dialogue in the workplace.
{"title":"Does Labour Law Trust Workers? Questioning Underlying Assumptions Behind Managerial Prerogatives","authors":"Valerio De Stefano, Ilda Durri, Charalampos Stylogiannis, Mathias Wouters","doi":"10.1093/indlaw/dwad022","DOIUrl":"https://doi.org/10.1093/indlaw/dwad022","url":null,"abstract":"Abstract This article explores the relationship between modern labour law, trust-based management, and collective labour relations. It begins by examining the historical origins of labour law, which was established to give employers the means to govern their workforce, based on the assumption that workers were untrustworthy. We argue that this notion still persists, albeit in a refined form, and that advancements in technology can exacerbate the negative consequences of managerial prerogatives. The article highlights the need to re-examine the extent of managerial prerogatives and provides several examples of businesses that have adopted trust-based models of organization, leading to positive outcomes. However, the study cautions that trust-based models can be used as a guise for employers to retain greater control over their employees and emphasizes the critical role of collective labour relations in ensuring true trust. The article concludes by arguing that policymakers must challenge the hierarchy-centred model of the employment contract and promote practices that reinforce social dialogue and collective voice in order to reap the benefits of trust-based business practices. This study sheds light on the need to re-evaluate the current employment landscape and consider alternative models that prioritize trust, autonomy, and social dialogue in the workplace.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135236846","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article For Labor to Build On: Wars, Depression, and Pandemic Get access For Labor to Build On: Wars, Depression, and Pandemic by William B. Gould IV [Cambridge: Cambridge University Press, 2022, 189 pp, ISBN 978 1 009 15938 8] Cynthia Estlund Cynthia Estlund New York University School of Law, New York, USA cynthia.estlund@nyu.edu Search for other works by this author on: Oxford Academic Google Scholar Industrial Law Journal, dwad021, https://doi.org/10.1093/indlaw/dwad021 Published: 26 August 2023 Article history Accepted: 09 August 2023 Published: 26 August 2023
{"title":"For Labor to Build On: Wars, Depression, and Pandemic","authors":"Cynthia Estlund","doi":"10.1093/indlaw/dwad021","DOIUrl":"https://doi.org/10.1093/indlaw/dwad021","url":null,"abstract":"Journal Article For Labor to Build On: Wars, Depression, and Pandemic Get access For Labor to Build On: Wars, Depression, and Pandemic by William B. Gould IV [Cambridge: Cambridge University Press, 2022, 189 pp, ISBN 978 1 009 15938 8] Cynthia Estlund Cynthia Estlund New York University School of Law, New York, USA cynthia.estlund@nyu.edu Search for other works by this author on: Oxford Academic Google Scholar Industrial Law Journal, dwad021, https://doi.org/10.1093/indlaw/dwad021 Published: 26 August 2023 Article history Accepted: 09 August 2023 Published: 26 August 2023","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135182002","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article considers the provisions of the new Higher Education (Freedom of Speech) Act 2023 and focuses on its employment impact for registered higher education providers in England with respect to the management (in particular, discipline and dismissal) of their staff generally and their academic staff more specifically. Overall, it concludes that the impact on the employment relationship in this context will be significant. Alongside introducing specific provisions related to recruitment, dismissal and discipline of academic staff which will be enforceable through a statutory tort and a complaints scheme, the Act will influence how key aspects of the Employment Rights Act 1996 and the Equality Act 2010 are interpreted.
{"title":"The Higher Education (Freedom of Speech) Act 2023: An Employment Focused Overview","authors":"J. Murray","doi":"10.1093/indlaw/dwad019","DOIUrl":"https://doi.org/10.1093/indlaw/dwad019","url":null,"abstract":"\u0000 This article considers the provisions of the new Higher Education (Freedom of Speech) Act 2023 and focuses on its employment impact for registered higher education providers in England with respect to the management (in particular, discipline and dismissal) of their staff generally and their academic staff more specifically. Overall, it concludes that the impact on the employment relationship in this context will be significant. Alongside introducing specific provisions related to recruitment, dismissal and discipline of academic staff which will be enforceable through a statutory tort and a complaints scheme, the Act will influence how key aspects of the Employment Rights Act 1996 and the Equality Act 2010 are interpreted.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"53 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86493975","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article Structural Injustice and Workers’ Rights Get access Structural Injustice and Workers’ Rights by Virginia Mantouvalou [Oxford: Oxford University Press, 2023, 208 pp, ISBN 9780192857156] Guy Davidov Guy Davidov Elias Lieberman Professor of Labour Law, Hebrew University of Jerusalem, Israel guy.davidov@huji.ac.il https://orcid.org/0000-0003-1716-3271 Search for other works by this author on: Oxford Academic Google Scholar Industrial Law Journal, dwad018, https://doi.org/10.1093/indlaw/dwad018 Published: 08 August 2023 Article history Accepted: 28 July 2023 Published: 08 August 2023
期刊文章《结构不公正与工人权利》获取Virginia Mantouvalou的《结构不公正与工人权利》[牛津:牛津大学出版社，2023年，208页，ISBN 9780192857156] Guy Davidov Guy Davidov Elias Lieberman以色列耶路撒冷希伯来大学劳动法教授guy.davidov@huji.ac.il https://orcid.org/0000-0003-1716-3271牛津学术谷歌学者产业法杂志，dwad018, https://doi.org/10.1093/indlaw/dwad018出版日期:2023年8月08日文章历史接收日期:2023年7月28日出版日期:2023年8月08日
{"title":"Structural Injustice and Workers’ Rights","authors":"Guy Davidov","doi":"10.1093/indlaw/dwad018","DOIUrl":"https://doi.org/10.1093/indlaw/dwad018","url":null,"abstract":"Journal Article Structural Injustice and Workers’ Rights Get access Structural Injustice and Workers’ Rights by Virginia Mantouvalou [Oxford: Oxford University Press, 2023, 208 pp, ISBN 9780192857156] Guy Davidov Guy Davidov Elias Lieberman Professor of Labour Law, Hebrew University of Jerusalem, Israel guy.davidov@huji.ac.il https://orcid.org/0000-0003-1716-3271 Search for other works by this author on: Oxford Academic Google Scholar Industrial Law Journal, dwad018, https://doi.org/10.1093/indlaw/dwad018 Published: 08 August 2023 Article history Accepted: 28 July 2023 Published: 08 August 2023","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135835135","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Determining the juridical nature of the work relationship is key to understanding the capacity of labour law to protect the rights and interests of gig workers. How to apply the traditional ‘subordination’ test and its constituent elements to platform work remains controversial in both theory and practice. In this article we examine the approaches of courts to this question using a sample of 71 Chinese judgments. We construct a binary probit model to conduct an empirical test of the degree of correlation between eight factors which serve to identify protected worker status, on the one hand, and courts’ rulings on the presence or absence of subordination, on the other. We find that, among the factors relevant to the subordination test, ‘control’ and ‘integration’ strongly predict a finding of worker status. We conclude that the subordination test is still being widely used to determine the status of gig workers in China, and that an approach to classification based on the ‘primacy of the facts’ of the case continues to be feasible in the context of platform work.
{"title":"Subordination Theory in Practice: An Empirical Analysis of Chinese Courts’ Approaches to Classifying Labour Relationships in Platform Cases","authors":"Qi Zheng, Jianning Su","doi":"10.1093/indlaw/dwad015","DOIUrl":"https://doi.org/10.1093/indlaw/dwad015","url":null,"abstract":"\u0000 Determining the juridical nature of the work relationship is key to understanding the capacity of labour law to protect the rights and interests of gig workers. How to apply the traditional ‘subordination’ test and its constituent elements to platform work remains controversial in both theory and practice. In this article we examine the approaches of courts to this question using a sample of 71 Chinese judgments. We construct a binary probit model to conduct an empirical test of the degree of correlation between eight factors which serve to identify protected worker status, on the one hand, and courts’ rulings on the presence or absence of subordination, on the other. We find that, among the factors relevant to the subordination test, ‘control’ and ‘integration’ strongly predict a finding of worker status. We conclude that the subordination test is still being widely used to determine the status of gig workers in China, and that an approach to classification based on the ‘primacy of the facts’ of the case continues to be feasible in the context of platform work.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"19 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83710519","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"PAYEr Beware: Analysing the Treatment of Employment Status in Atholl House and Kickabout","authors":"Hitesh Dhorajiwala","doi":"10.1093/indlaw/dwad014","DOIUrl":"https://doi.org/10.1093/indlaw/dwad014","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"121 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83575039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"In the Name of Liberty. The Argument for Universal Unionization","authors":"Alan L. Bogg","doi":"10.1093/indlaw/dwad012","DOIUrl":"https://doi.org/10.1093/indlaw/dwad012","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"2 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81908568","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Devolution and Employment Standards","authors":"S. Mckay, S. Moore","doi":"10.1093/indlaw/dwad017","DOIUrl":"https://doi.org/10.1093/indlaw/dwad017","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"96 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76988090","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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