{"title":"The Impact of Supreme Courts on the Development of Labour Law in Europe","authors":"Joanna Helme","doi":"10.1093/indlaw/dwae002","DOIUrl":"https://doi.org/10.1093/indlaw/dwae002","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-02-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140450483","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 argues there is no one-size-fits-all approach to the role of consent to labour exploitation. However, there is significant value in considering the theoretical underpinnings of different legal interventions addressing labour exploitation. The article first explores different theoretical accounts of exploitation in political philosophy: emphasising taking unfair advantage, violation of dignity or coercion. Following the theoretical analysis, the article maps the different legal interventions in labour law, criminal law and public law. It suggests that the starting point of analysing consent to labour exploitation—fairness, dignity, individual coercion, structural coercion and consent—determines the result of the analysis. This section demonstrates the connection between different areas of law and different theoretical approaches to the role of consent to labour exploitation. The different approaches are then applied to examples based on real-world cases. The article concludes that in the context of labour exploitation, consent is a necessary but insufficient condition for the legitimacy and legality of the labour relations. The fairness of the result and protecting workers’ dignity should also be considered.
{"title":"Consent to Labour Exploitation","authors":"Maayan Niezna","doi":"10.1093/indlaw/dwad036","DOIUrl":"https://doi.org/10.1093/indlaw/dwad036","url":null,"abstract":"This article argues there is no one-size-fits-all approach to the role of consent to labour exploitation. However, there is significant value in considering the theoretical underpinnings of different legal interventions addressing labour exploitation. The article first explores different theoretical accounts of exploitation in political philosophy: emphasising taking unfair advantage, violation of dignity or coercion. Following the theoretical analysis, the article maps the different legal interventions in labour law, criminal law and public law. It suggests that the starting point of analysing consent to labour exploitation—fairness, dignity, individual coercion, structural coercion and consent—determines the result of the analysis. This section demonstrates the connection between different areas of law and different theoretical approaches to the role of consent to labour exploitation. The different approaches are then applied to examples based on real-world cases. The article concludes that in the context of labour exploitation, consent is a necessary but insufficient condition for the legitimacy and legality of the labour relations. The fairness of the result and protecting workers’ dignity should also be considered.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139678253","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}
South Korea and Thailand are two of the seven biggest destination countries for low-wage migrant labour in East and Southeast Asia. They face similar demographic patterns and labour market dynamics but are very different when it comes to their economic, political and geographical contexts. Despite these differences, they have pursued a similar approach to the regulation of low-wage labour migration by taking a more active role in managing the recruitment and stay of migrant workers. As a result, outcomes for low-wage migrant workers in both countries are better than those experienced by their counterparts elsewhere in Asia. This analysis of the low-wage visa schemes in South Korea and Thailand contributes to a more robust understanding of how these restrictive labour migration regimes can be structured to improve outcomes for workers. The paper argues that lessons learned from the regulatory approaches pursued in South Korea and Thailand should be applied in other destination countries in Asia and beyond.
{"title":"Reducing Worker Exploitation in Time-Limited, Low-Wage Visa Schemes: Lessons from South Korea and Thailand","authors":"Arwen Joyce","doi":"10.1093/indlaw/dwad035","DOIUrl":"https://doi.org/10.1093/indlaw/dwad035","url":null,"abstract":"South Korea and Thailand are two of the seven biggest destination countries for low-wage migrant labour in East and Southeast Asia. They face similar demographic patterns and labour market dynamics but are very different when it comes to their economic, political and geographical contexts. Despite these differences, they have pursued a similar approach to the regulation of low-wage labour migration by taking a more active role in managing the recruitment and stay of migrant workers. As a result, outcomes for low-wage migrant workers in both countries are better than those experienced by their counterparts elsewhere in Asia. This analysis of the low-wage visa schemes in South Korea and Thailand contributes to a more robust understanding of how these restrictive labour migration regimes can be structured to improve outcomes for workers. The paper argues that lessons learned from the regulatory approaches pursued in South Korea and Thailand should be applied in other destination countries in Asia and beyond.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-01-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139515742","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":"Decent Work in the Digital Age: European and Comparative Perspectives","authors":"Ou Lin","doi":"10.1093/indlaw/dwad032","DOIUrl":"https://doi.org/10.1093/indlaw/dwad032","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138585585","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":"A New Approach to Australia’s Sex Discrimination and Labour Laws is Designed to Improve Equality for Women at Work","authors":"Dominique Allen","doi":"10.1093/indlaw/dwad027","DOIUrl":"https://doi.org/10.1093/indlaw/dwad027","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139198052","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 J.K. v TP S.A. and the ‘Universal’ Scope of EU Anti-Discrimination Law at Work: A Paradigm Shift? Get access Antonio Aloisi Antonio Aloisi IE Law School, IE University, Madrid, Spain antonio.aloisi@ie.edu Search for other works by this author on: Oxford Academic Google Scholar Industrial Law Journal, dwad025, https://doi.org/10.1093/indlaw/dwad025 Published: 05 October 2023 Article history Accepted: 07 September 2023 Published: 05 October 2023
J.K. v . TP S.A.和欧盟反歧视法在工作中的“普遍”范围:范式转变?访问安东尼奥·阿洛伊西安东尼奥·阿洛伊西IE法学院，西班牙马德里IE大学antonio.aloisi@ie.edu搜索作者的其他作品:牛津学术谷歌学者工业法杂志，wad025, https://doi.org/10.1093/indlaw/dwad025出版日期:2023年10月05日文章历史接受日期:2023年9月07日出版日期:2023年10月05日
{"title":"<i>J.K. v TP S.A.</i> and the ‘Universal’ Scope of EU Anti-Discrimination Law at Work: A Paradigm Shift?","authors":"Antonio Aloisi","doi":"10.1093/indlaw/dwad025","DOIUrl":"https://doi.org/10.1093/indlaw/dwad025","url":null,"abstract":"Journal Article J.K. v TP S.A. and the ‘Universal’ Scope of EU Anti-Discrimination Law at Work: A Paradigm Shift? Get access Antonio Aloisi Antonio Aloisi IE Law School, IE University, Madrid, Spain antonio.aloisi@ie.edu Search for other works by this author on: Oxford Academic Google Scholar Industrial Law Journal, dwad025, https://doi.org/10.1093/indlaw/dwad025 Published: 05 October 2023 Article history Accepted: 07 September 2023 Published: 05 October 2023","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135483060","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":"Correction to: Subordination Theory in Practice: An Empirical Analysis of Chinese Courts’ Approaches to Classifying Labour Relationships in Platform Cases","authors":"","doi":"10.1093/indlaw/dwad026","DOIUrl":"https://doi.org/10.1093/indlaw/dwad026","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135771151","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 The introduction of the Public Sector Equality Duty (PSED) and the Human Rights Act were intended to establish an equality and human rights culture within public authorities. However, so far this culture has failed to take hold. Both utilise an enforcement pyramid model of regulation, where penalties increasingly progress until non-compliers comply. Using original empirical data this article explores the implementation of equality and human rights law within public authorities via semi-structured interviews. It finds three different implementation profiles: strong implementation (where individuals make the most of the resources they have and drive ever deeper implementation), mixed implementation (where individuals oscillate between deeper and perfunctory implementation), and weak implementation (where individuals avoid taking meaningful action due to feeling overwhelmed and in need of rescue). On the basis of these behaviours, it is argued that an alternative strength-based model of regulation is needed to supplement the enforcement pyramid and truly establish an equality and human rights culture within public authorities.
{"title":"Implementation Behaviours and a Strength-Based Approach to Equality and Human Rights Implementation","authors":"David Barrett","doi":"10.1093/indlaw/dwad020","DOIUrl":"https://doi.org/10.1093/indlaw/dwad020","url":null,"abstract":"Abstract The introduction of the Public Sector Equality Duty (PSED) and the Human Rights Act were intended to establish an equality and human rights culture within public authorities. However, so far this culture has failed to take hold. Both utilise an enforcement pyramid model of regulation, where penalties increasingly progress until non-compliers comply. Using original empirical data this article explores the implementation of equality and human rights law within public authorities via semi-structured interviews. It finds three different implementation profiles: strong implementation (where individuals make the most of the resources they have and drive ever deeper implementation), mixed implementation (where individuals oscillate between deeper and perfunctory implementation), and weak implementation (where individuals avoid taking meaningful action due to feeling overwhelmed and in need of rescue). On the basis of these behaviours, it is argued that an alternative strength-based model of regulation is needed to supplement the enforcement pyramid and truly establish an equality and human rights culture within public authorities.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135060554","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 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":null,"pages":null},"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":null,"pages":null},"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}
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