{"title":"Private Regulation of Labor Standards in Global Supply Chains: Problems, Progress, and Prospects","authors":"D. R. Mendoza","doi":"10.1093/indlaw/dwad016","DOIUrl":"https://doi.org/10.1093/indlaw/dwad016","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"7 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74461989","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":"The Effective Enforcement of EU Labour Law","authors":"Phil Syrpis","doi":"10.1093/indlaw/dwad006","DOIUrl":"https://doi.org/10.1093/indlaw/dwad006","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"71 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135674505","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":"Effective Enforcement of EU Labour Law","authors":"P. Syrpis","doi":"10.5040/9781509944446","DOIUrl":"https://doi.org/10.5040/9781509944446","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"13 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77274243","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":"Putting Human Rights to Work Labour Law, the ECHR, and the Employment Relation","authors":"D. Cabrelli","doi":"10.1093/indlaw/dwad011","DOIUrl":"https://doi.org/10.1093/indlaw/dwad011","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76947595","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 paper utilises a regulatory analysis of skilled visas and insights from labour law scholarship to examine how Australian immigration law regulates ‘skill’ and the implications for migrant workers’ employment relationships. While qualifications or ‘hard skills’ act as the formal basis for selection under Australian immigration law, interpersonal attributes associated with ‘soft skills’ often decide who employers recruit. Immigration regulations that allow employers discretion to recruit based on soft skills widen scope for employer misuse and migrant worker exploitation, including for those on high-skilled visas, and for diversity bias against women and ethnic minorities. Our major theoretical contribution is to highlight how immigration laws that give employers discretion over the criteria used in skilled immigration selection intensify power imbalances within the contract of employment. The regulatory definitions of skill constructed by immigration law can thus serve as an additional lever of employer control. The findings indicate that precise regulation of skill is necessary to limit the potential for employers to exert undue control over migrants in worker selection processes.
{"title":"Hard Exterior, Soft Interior: Skill Regulation and Employer Control over Migrant Worker Selection Policy in Australia","authors":"Anna Boucher, C. Wright","doi":"10.1093/indlaw/dwad007","DOIUrl":"https://doi.org/10.1093/indlaw/dwad007","url":null,"abstract":"\u0000 This paper utilises a regulatory analysis of skilled visas and insights from labour law scholarship to examine how Australian immigration law regulates ‘skill’ and the implications for migrant workers’ employment relationships. While qualifications or ‘hard skills’ act as the formal basis for selection under Australian immigration law, interpersonal attributes associated with ‘soft skills’ often decide who employers recruit. Immigration regulations that allow employers discretion to recruit based on soft skills widen scope for employer misuse and migrant worker exploitation, including for those on high-skilled visas, and for diversity bias against women and ethnic minorities. Our major theoretical contribution is to highlight how immigration laws that give employers discretion over the criteria used in skilled immigration selection intensify power imbalances within the contract of employment. The regulatory definitions of skill constructed by immigration law can thus serve as an additional lever of employer control. The findings indicate that precise regulation of skill is necessary to limit the potential for employers to exert undue control over migrants in worker selection processes.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"34 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82744681","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}
The Protected Disclosures Act 2014 is Ireland’s main workplace whistleblowing legislation. It will be amended by the Protected Disclosures (Amendment) Act 2022 on 1 January 2023 on foot of Ireland’s obligation to transpose into national law Directive 2019/1937/EU of the European Parliament and the Council of 23 October 2019 on the protection of persons who report breaches of Union law. This paper addresses the question of whether, in amending the 2014 Act, there were lessons that could have been learnt from the experience in the UK in the operation of its whistleblowing legislation. In answering this question, the findings of an analysis of the case law under the 2014 Act between 15 July 2014 and 15 July 2020 are presented and discussed. In conducting the case law analysis, specific issues were assessed, including, procedural issues concerning the forum for the taking of a claim, costs, fees, processing times, and time limits for presenting penalisation claims and substantive issues regarding the type of claim and the success rate. The research established that there are deficiencies in the 2014 Act, and in some of its amendments under the 2022 Act. It also established that there is an inequity in the treatment under the legislation of ‘employees’ and workers other than employees. The author concludes that to address these procedural and substantive deficiencies and inequities, Ireland should have gone beyond the minimum standards of the Directive and looked to the UK for guidance.
{"title":"Whistleblowing Litigation and Legislation in Ireland: Are There Lessons to be Learned?","authors":"Lauren Kierans","doi":"10.1093/indlaw/dwad009","DOIUrl":"https://doi.org/10.1093/indlaw/dwad009","url":null,"abstract":"\u0000 The Protected Disclosures Act 2014 is Ireland’s main workplace whistleblowing legislation. It will be amended by the Protected Disclosures (Amendment) Act 2022 on 1 January 2023 on foot of Ireland’s obligation to transpose into national law Directive 2019/1937/EU of the European Parliament and the Council of 23 October 2019 on the protection of persons who report breaches of Union law. This paper addresses the question of whether, in amending the 2014 Act, there were lessons that could have been learnt from the experience in the UK in the operation of its whistleblowing legislation. In answering this question, the findings of an analysis of the case law under the 2014 Act between 15 July 2014 and 15 July 2020 are presented and discussed. In conducting the case law analysis, specific issues were assessed, including, procedural issues concerning the forum for the taking of a claim, costs, fees, processing times, and time limits for presenting penalisation claims and substantive issues regarding the type of claim and the success rate. The research established that there are deficiencies in the 2014 Act, and in some of its amendments under the 2022 Act. It also established that there is an inequity in the treatment under the legislation of ‘employees’ and workers other than employees. The author concludes that to address these procedural and substantive deficiencies and inequities, Ireland should have gone beyond the minimum standards of the Directive and looked to the UK for guidance.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"11 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74289947","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":"Domestic Servitude and Diplomatic Immunity: The Decision of the UK Supreme Court in Basfar v Wong","authors":"R. Garciandía","doi":"10.1093/indlaw/dwad010","DOIUrl":"https://doi.org/10.1093/indlaw/dwad010","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-04-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90948884","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":"The Future of Unions and Worker Representation: The Digital Picket Line","authors":"V. De Stefano","doi":"10.1093/indlaw/dwad008","DOIUrl":"https://doi.org/10.1093/indlaw/dwad008","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"3 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-04-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77737008","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":"Going Against the Grain of International Labour Law Standards: Criminalisation of Strike Action Within the Healthcare Sector in Zimbabwe (Health Service Amendment Act, 2022)","authors":"Simbarashe Tavuyanago","doi":"10.1093/indlaw/dwad005","DOIUrl":"https://doi.org/10.1093/indlaw/dwad005","url":null,"abstract":"","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"&NA; 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83470540","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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