{"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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}
This article considers how the UK and Scottish governments’ policy push to promote the innovation economy affects labour. It applies a regulatory approach to consider the issue, focusing specifically on the co-ordinated efforts of government, universities and the private sector to promote and support technology startups. Data is drawn from an empirical case study of the digital technology sector in Scotland. My analysis is 2-fold. First, I demonstrate how the performance of this regulation constitutes people as startup employees. It does this by increasing the quantitative supply of labour, but also by shaping the qualitative features of that supply. The practices of government, universities and the private sector give rise to particular norms within the startup community that shape the way that startups operate as well as startup actors’ knowledge, values and general sense of how things should be done in the sector. Second, I examine how labour law interacts with these newly situated employees. I focus on the legally structured relation of subordination of employees to employers and argue that the norms the multi-actor regulatory effort promotes within the startup community have direct bearing on how this manifests in the sector.
{"title":"Pursuing the Innovation Economy: Implications for Startup Labour","authors":"","doi":"10.1093/indlaw/dwad002","DOIUrl":"https://doi.org/10.1093/indlaw/dwad002","url":null,"abstract":"\u0000 This article considers how the UK and Scottish governments’ policy push to promote the innovation economy affects labour. It applies a regulatory approach to consider the issue, focusing specifically on the co-ordinated efforts of government, universities and the private sector to promote and support technology startups. Data is drawn from an empirical case study of the digital technology sector in Scotland. My analysis is 2-fold. First, I demonstrate how the performance of this regulation constitutes people as startup employees. It does this by increasing the quantitative supply of labour, but also by shaping the qualitative features of that supply. The practices of government, universities and the private sector give rise to particular norms within the startup community that shape the way that startups operate as well as startup actors’ knowledge, values and general sense of how things should be done in the sector. Second, I examine how labour law interacts with these newly situated employees. I focus on the legally structured relation of subordination of employees to employers and argue that the norms the multi-actor regulatory effort promotes within the startup community have direct bearing on how this manifests in the sector.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-04-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75477720","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 contextualises the adoption of the Directive 2022/2041 (EU) on adequate minimum wages. The analysis considers wage adequacy, collective bargaining coverage, and the combat of in-work poverty as the main pillars on which the directive is built. The aim is to show the potential and limits of the directive’s approach to wage regulation, in the light of the stringent limits on EU competence deriving from EU treaties.
{"title":"The Sword and the Shield: The Directive on Adequate Minimum Wages in the EU","authors":"L. Ratti","doi":"10.1093/indlaw/dwad001","DOIUrl":"https://doi.org/10.1093/indlaw/dwad001","url":null,"abstract":"\u0000 This article contextualises the adoption of the Directive 2022/2041 (EU) on adequate minimum wages. The analysis considers wage adequacy, collective bargaining coverage, and the combat of in-work poverty as the main pillars on which the directive is built. The aim is to show the potential and limits of the directive’s approach to wage regulation, in the light of the stringent limits on EU competence deriving from EU treaties.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2023-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74432635","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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