מעודכן ל: 23.10.2023
דיני עבודה
Labour law (British spelling)
Labor law (American spelling)
Employment
The Capability Approach to Labour Law by
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"). Theseideas, 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 uponlabour 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 labourlaw? 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.
Employment Law: a Very Short Introduction by
Very Short Introductions: Brilliant, Sharp, InspiringIn today's society, work takes up a vast proportion of the time and energy of ordinary people. Although use of the phrase 'work-life balance' is now commonplace in the media and ordinary conversation, people work longer hours than ever before. However, rather than purely a means to an end in termsof supporting oneself financially, the workplace is a place to develop skills and talents and build lasting friendships. For these reasons, people want to know about their rights in the workplace. Issues of equal pay, discrimination, discharge/dismissal, and redundancy are prevalent within themedia, and there is a growing public appetite for knowledge of the law governing the employment relationship.This Very Short Introduction provides an overview of the main kinds of employment rights and labour laws found in many countries. It unpicks and evaluates some of the assumptions underpinning contemporary attitudes to such rights and laws in order to measure whether they are warranted. Throughout italso considers the economic, political, sociological, and social justifications for employment rights and laws.ABOUT THE SERIES: The Very Short Introductions series from Oxford University Press contains hundreds of titles in almost every subject area. These pocket-sized books are the perfect way to get ahead in a new subject quickly. Our expert authors combine facts, analysis, perspective, new ideas, andenthusiasm to make interesting and challenging topics highly readable.
The Idea of Labour Law by
Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over lessfortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline isconceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it.This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume thecontributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they arescholars, practitioners, judges, policy-makers, or workers and employers.
Philosophical Foundations of Labour Law by
This collection of essays presents an interdisciplinary investigation by lawyers and philosophers into the philosophical ideas, concepts, and principles that provide the foundation for the field of labour law and employment law. The book addresses the doubts that have been expressed aboutwhether a body of labour law that protects workers is needed at all, what should be regarded as the proper scope of the field in the light of developments such as the integration of work and home life by means of technology, the globalization of the economy, and the precarious kinds of work thatthrive in the gig economy.Paying particular attention to political philosophy and theories of justice, the contributions focus on four themes: I. freedom, dignity, and human rights; II. distributive justice and exploitation; III. workplace democracy and self-determination; and IV. social inclusion.
A Purposive Approach to Labour Law by
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 theprotection 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 toreconsider 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 for the way a purposive analysisshould 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 theachievement of labour law's goals, several proposals to improve compliance and enforcement are considered.
יצחק לוביצקי חוזה עבודה וזכויות במשפט העבודה (2021).
מנחם גולדברג דיני עבודה: חוקים; תקנות; צווים; הלכות; פרשנות (-2003).
ספר אליקה ברק-אוסוסקין: לכבוד השופטת אלישבע (אליקה) ברק-אוסוסקין, סגנית נשיא בית הדין הארצי לעבודה בשים 2006-2000 (סטפן אדלר ואח' עורכים 2012).
ספר סטיב אדלר : אסופת מאמרים לכבודו של השופט (בדימוס) סטפן אדלר נשיא בית הדין הארצי לעבודה בשנים 1997-2010 (יצחק אליאסוף עורך 2016).
לילך לוריא דיני עבודה ורווחה במאה העשרים ואחת (2013).
רעות שמר בגס מעסיקים גדולים בדיני עבודה (2017).
N. Peter Lareau, et al., Labor and Employment Law (MB), Lexis (database updated Dec. 2021).
The Cambridge Handbook of U. S. Labor Law for the Twenty-First Century by
Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.
The Fissured Workplace: Why Work Became so Bad for so Many and What Can be Done to Improve It by
In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality.From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.
The Law of Employment by
This textbook is a one-volume treatment of the basic analytical structure and legal policy issues informing U.S. employment law. The full range of the subject matter is examined with chapters on defining who are employees (as opposed to independent contractors); employment contracts; employment torts; workplace privacy; post-termination restraints and workplace intellectual property issues; employee benefits; wage-hour laws; occupational safety; workers' compensation; and unemployment compensation. Introductory chapters are also included on the economic analysis of employment regulation, employment discrimination, union organization, and collective bargaining laws. The book is designed as a complement for all leading casebooks on employment law, in that it approaches the issues in a comprehensive manner that will enable the student to understand how these laws interact in particular cases. Unlike other employment law treatises, this book moves well beyond the descriptive to empower the student in tackling difficult analytical and policy issues in the field.
Principled Labor Law : U.S. Labor Law Through a Latin American Method by
This book provides a Latin American perspective of the “idea” of labor law, which the authors call “principled labor law.” It a jurisprudential method based on worker protection, i.e., the protective principle, and its derivative principles: primacy of reality, nonwaiver, and continuity. We argue that principled labor law is needed given that many labor law scholars have declared a crisis in their field due to the ascendancy of “fissured,” “gig,” “precarious,” and “nonstandard” work. While some scholars reassert the basic idea of labor law—protecting workers—despite the contemporary world of work, others argue for a “capabilities” perspective that can displace traditional labor law, a “Third Way” perspective concerned with market regulation, or simply argue for laissez-faire. Latin American scholars, perhaps because of a language barrier, have had scant presence in those international debates. They would likely disagree with shifts away from labor protection. This book forcefully advocates for the continued empirical validity of labor protection as the basis for labor law. The authors describe principled labor law as observable in four cases: Argentina, Brazil, Chile, and Uruguay. To show the utility of principled labor law, the authors then apply the method to legal cases from the least labor-protective country in the industrialized world, the United States. Through principled labor law, the authors focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. The authors show how principled labor law can provide a clear and simple method for consistent, labor protective jurisprudence in the United States and, hence, likely elsewhere.
Principles of Employment Law by
This book provides a comprehensive overview of employment law and is a useful supplement to any employment law casebook. The book is divided into seven chapters. Chapter 1 examines who is an employee and who is an employer. Chapter 2 analyzes the employment-at-will doctrine and job security claims. Chapter 3 focuses on privacy, autonomy and dignity. Chapter 4 analyzes claims that employers may have against employees. Chapter 5 discusses employment terms and benefits that are directly mandated by law, like minimum wage, or strongly encouraged or regulated by law, such as pensions. Chapter 6 examines workplace health and safety. Finally, Chapter 7 discusses the expanding role of arbitration in the resolution of employment disputes.
Deakin and Morris' Labour Law by
Deakin and Morris' Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market. The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action. The seventh edition of Deakin and Morris' Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject.
Labour Law by
Labour Law offers a comprehensive and critical account of the subject by a team of prominent labour lawyers, and includes both collective labour rights and individual employment rights. By placing the law in its social, economic and political contexts, and showing how the law works in practice through case-studies, students will acquire not only a good knowledge of the law but also an appreciation of its importance and the complexity of the issues. Fully updated with recent developments in the field, the text's clear structure, logical chapter organisation, and uncluttered text design combine to make it a truly accessible way into the subject. Suitable for undergraduates and postgraduates studying UK Labour and Employment law, this book is a must-read for those wishing to excel in the field.
Comparative Labor Law by
Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries that draw on a rich variety of comparative methods to capture changes and emerging trends across nations and regions. The chapters in this Research Handbookmingle subjects of long-standing comparative concern with matters that have pressed to the fore in recent years. Subjects like 'soft law' and emerging geographic zones are placed in a new light and their burgeoning significance explored. Thematic and regional comparisons capture the challenges of a globally comparative perspective on labor law. The fresh and thoughtful comparative analysis in this Handbookmakes it a critical resource for scholars and students of labor law. Contributors: K. Banks, A. Bogg, S. Bonfanti, S. Butterworth, S. Cooney, L. Corazza, N. Countouris, G. Davidov, D. du Toit, K.D. Ewing, M. Finkin, R. Fragale, M. Freedland, N. Garoupa, S. Giubboni, F. Hendrickx, J. Howe, A. Hyde, E. Kovacs, R. Krause, N. Lyutov, E. Menegatti, L. Mitrus, G. Mundlak, R. Nunin, M. Pittard, O. Razzolini, K. Rittich, R. Ronnie, E. Sánchez, K. Sankaran, M. Schlachter, A. Seifert, A. Stewart, H. Takeuchi-Okuno, A. Topo
Decent Work in the Digital Age: European and Comparative Perspectives by
This book explores the legal and practical implications of the digital age for employment and industrial relations. To that end, the book analyses the problems arising from the digitalisation of work and the negative effects on working conditions in fields such as platform work, robotisation, discrimination, data protection, and freedom of speech. It also looks at how to ensure decent working conditions for workers affected by digitalisation, by investigating the minimum standards that should be ensured to mitigate negative effects - and how these could be best guaranteed by legislation and collective bargaining.The book presents a theoretical framework on the impact of automatisation, robotics, and digitalisation on the very basic principles of individual and collective labour law. The chapters provide an in-depth analysis of new patterns of work prompted by digitalisation, including: classification of platform workers; recognition of employment and social security rights; competition law aspects of platform work; remote (tele)work arrangements; algorithmic decision-making and remote surveillance; data protection and privacy; and social media in working environments. The book is an important reference for academics and researchers, social partners, and policy makers with an interest in labour law and industrial relations.
Employment and Private International Law by
This invaluable review focuses on employment law and labour protection issues that are central to understanding the complex development of private international law and its broadening challenges. The text also discusses timeless questions that reflect specific features and fundamental issues of this ever-changing subject area, whilst drawing attention to the broader regulatory framework and significant challenges to traditional approaches under way. This will be of great interest to both labour law and private international law scholars and practitioners who deal with cross-border work.
מיכאל אטלן ודבורה ספיר-אליעזר "דגשים בחוק להגברת האכיפה של דיני העבודה – אסדרה מגיבה באמת" חוקים ח 119 (2016).
גיא דוידוב "התניה על סטטוס ״עובד״ והשלכותיה" משפטים נ 87 (2020).
ליאור זמר ונטע נדיב "משפט העבודה בישראל ודין האיחוד האירופי: בין חשיפה להשפעה" דין ודברים טו 521 (2021).
לילך לוריא, אורלי ליבל ויובל פלדמן "פרק ט: דיני עבודה" הגישה הכלכלית למשפט 477 (אוריאל פרוקצ'יה עורך 2012).
מעודכן ל: 23.10.2023
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