LSN: Other Law & Society: Private Law - Labor & Employment Law (Topic)最新文献

{"title":"Fratelli Tutti: Pope Francis' Encyclical and Implications for Labour Law","authors":"M. Bell","doi":"10.2139/ssrn.3721128","DOIUrl":"https://doi.org/10.2139/ssrn.3721128","url":null,"abstract":"This short essay explores the implications for labour law arising from the ethical perspective found in Pope Francis' encyclical Fratelli Tutti.","PeriodicalId":262144,"journal":{"name":"LSN: Other Law & Society: Private Law - Labor & Employment Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129769736","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Regulating in Pandemic: Evaluating Economic and Financial Policy Responses to the Coronavirus Crisis","authors":"Hiba Hafiz, Shu-Yi Oei, Diane M. Ring, Natalya Shnitser","doi":"10.2139/ssrn.3555980","DOIUrl":"https://doi.org/10.2139/ssrn.3555980","url":null,"abstract":"The United States is currently trying to manage a fast-moving public health crisis due to the coronavirus outbreak (COVID-19). The economic and financial ramifications of the outbreak are serious. This Working Paper discusses these ramifications and identifies three interrelated but potentially conflicting policy priorities at stake in managing the economic and financial fallout of the COVID-19 crisis: (1) providing social insurance and a social safety net to individuals and families in need; (2) managing systemic economic and financial risk; and (3) encouraging critical spatial behaviors to help contain COVID-19 transmission. The confluence of these three policy considerations and the potential conflicts among them make the outbreak a significant and unique regulatory challenge for policymakers, and one for which the consequences of getting it wrong are dire. \u0000 \u0000This Working Paper — which will be continually updated to reflect current developments — will analyze the major legislative and other policy initiatives that are being proposed and enacted to manage the economic and financial aspects of the COVID-19 crisis by examining these initiatives through the lens of these three policy priorities. It starts by analyzing the provisions of H.R. 6201 (the “Families First Coronavirus Responses Act”) passed by the house on March 14, 2020, subject to subsequent Technical Corrections of March 16, 2020, and then passed by the Senate without amendment and signed by the President on March 18, 2020. Next, it analyzes the provisions of H.R. 748 (the “Coronavirus Aid, Relief, and Economic Security Act” or the “CARES” Act) enacted into law on March 27, 2020. By doing so, this Working Paper provides an analytical framework for evaluating these initiatives.","PeriodicalId":262144,"journal":{"name":"LSN: Other Law & Society: Private Law - Labor & Employment Law (Topic)","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-03-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132247512","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Individual’s Interests and Motives in Economics","authors":"Y. A. Tihomirov, T. Lobanova","doi":"10.2139/ssrn.3208586","DOIUrl":"https://doi.org/10.2139/ssrn.3208586","url":null,"abstract":"The human factor is always decisive in social development. The role of active behavior and above all economic behavior is obvious. However, there are some difficulties: the law regulates predominantly \"external\" behavior; psychology covers interests, motives, will, emotions. This paper analyzes individuals’ interests and motives in economics. Coherence and contradictions of the labor interests are investigated on the basis of a survey made in several organizations. The rank of interests (economic, professional, career, group, corporate, territorial, and common civil) in the dependence of labor group type (shareholders, top managers, line managers, employees) is formed.","PeriodicalId":262144,"journal":{"name":"LSN: Other Law & Society: Private Law - Labor & Employment Law (Topic)","volume":"81 6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-07-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116406409","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Measuring Worker Performance within the Limits of Employment Law in the Changing Workplace Environment of Industry 4.0","authors":"Ronald C. Brown","doi":"10.2139/ssrn.3185166","DOIUrl":"https://doi.org/10.2139/ssrn.3185166","url":null,"abstract":"“Structural changes in economies driven by digitalization, demographic changes and migration are changing the shape of jobs and workplaces. Technological advances have the potential to deliver enormous benefits to society but will also have profound consequences on employment and the quality thereof.” \u0000The very issues created by corporate restructuring and changing workplace environments, with their infusion of new technology, also create emerging employment law issues in regulating the changes and in addressing the challenges in evaluating performance. An employee's workplace environment is said to be a key determinant of the quality of their work and their level of productivity. Familiar legal issues may arise, though perhaps with unfamiliar applications. Not all jobs fall under the changing labor market conditions; and for those cases, traditional evaluations may be aided with electronic technology for measuring and evaluating productivity and performance. But for those many workers, now and in the future working in a changing or alternative work environment, at home, in a different city, overseas, or in an ambiguous or joint employment relationship, questions of legal application of contractual wages and statutory benefits, safety and health requirements, workers compensation, and especially anti-discrimination laws arising from these performance evaluations may create novel situations in areas of still developing legal solutions. \u0000This paper addresses employment law implications of evaluating workers in the changing labor market regarding its workplace environment and uses of technology. Following Part I Introduction, Part II of the paper describes the changing workplace environment with its restructuring of companies and resulting changes in the employment relationship that raise issues of who is the evaluator of worker performance and by what means and by whose standards it is undertaken, as well as the role of technology and unions in that evaluative process. Part III examines the legal implications of a changing workplace environment and new technology on workers and performance. Part IV analyzes the relationship between the performance evaluations arising in the changing work environment and the labor and employment laws within which performance evaluations take place and suggests possible reforms of existing employment law and performance evaluation approaches. Part V concludes.","PeriodicalId":262144,"journal":{"name":"LSN: Other Law & Society: Private Law - Labor & Employment Law (Topic)","volume":"2006 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127637424","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Trade Unions and the Minimum Wage","authors":"M. Dimick, Brett Meyer","doi":"10.2139/ssrn.3176524","DOIUrl":"https://doi.org/10.2139/ssrn.3176524","url":null,"abstract":"Why do labor unions and left/labor parties support the statutory minimum wage in some countries, such as the United States, but oppose it in others, such as Denmark or Sweden? This paper presents a formal model of trade union preferences for the statutory minimum wage. On the one hand, the minimum wage can raise above-minimum negotiated wages by increasing the union’s fallback position and increasing the labor costs of nonunion competitor firms. On the other hand, the minimum wage presents certain dangers: it may (1) set wages higher or lower than unions prefer, (2) reduce the incentives of workers to join unions in the short term, and (3) undermine the social custom that sustains union membership in the long term. For these reasons, we predict that unions and left/labor parties will support a statutory minimum wage only when unions are too weak — when unions bargain with a smaller share of firms, when they are legally restricted from engaging in certain strike actions, and wage bargaining is less coordinated — to sustain high wages on their own. Empirically, we document a robust, cross-national correlation between several of the key variables in our model and the type of minimum wage setting institution and illustrate the model’s mechanisms using case studies of union preferences in the US, UK, Germany, and Sweden and party preferences in the UK and Germany.","PeriodicalId":262144,"journal":{"name":"LSN: Other Law & Society: Private Law - Labor & Employment Law (Topic)","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133019878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"When Home Affects Pay: An Analysis of the Gender Pay Gap Among Crowdworkers","authors":"Abi Adams‐Prassl, Janine Berg","doi":"10.2139/ssrn.3048711","DOIUrl":"https://doi.org/10.2139/ssrn.3048711","url":null,"abstract":"Debates on the gender pay gap have often focused on discrimination by employers, whether explicit or implicit, and the subsequent implications for men and women’s pay in the workplace. We use data from an online crowdworking platform, where workers’ sex is unknown to the employer, to assess whether there is a gender pay gap among crowdworkers. Despite employers not knowing the gender of the workers, the data nonetheless reveal a gender pay gap, with women earning on average 82% of what men earned. Nevertheless, further analysis of the data reveal that the earnings gap between men and women can largely be explained by the individual characteristics of the worker (crowdworking experience and educational level) and women’s domestic responsibilities. \u0000Thus even in the absence of employer discrimination, domestic responsibilities that are overwhelmingly shouldered by women affect how they carry out their work and thus what they can earn. This finding points to a need to institute policies that address the sexual division of labour in the household, such as parental leave policies, as well as the public provision of childcare and elder care services to ease the burden of individual care responsibilities. In addition, crowdwork is currently not regulated by labour law which is affecting the overall level of earnings and working conditions of crowdworkers.","PeriodicalId":262144,"journal":{"name":"LSN: Other Law & Society: Private Law - Labor & Employment Law (Topic)","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-10-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134129171","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Labor Market Effects of Urban Riots: An Experimental Assessment","authors":"Emmanuel Duguet, David Gray, Yannick L’Horty, L. Parquet, P. Petit","doi":"10.2139/ssrn.3083404","DOIUrl":"https://doi.org/10.2139/ssrn.3083404","url":null,"abstract":"We propose to measure the effects of urban riots on the labour market prospects of workers residing in affected areas through the channel of labour market discrimination based on locality. We investigate the case of the French riots of 2007, which were very geographically concentrated. The town of Villiers-le-Bel is selected as the treatment unit because it received a uniquely high degree of unfavourable exposure in the media. Two other towns serve control groups: i) Sarcelles, which is contiguous to Villiers-le-Bel, has a similar socio-economic-demographic profile, and did experience some rioting activity, and ii) Enghien-les-Bains, which is considered to be economically advantaged and did not experience rioting activity. Using the technique of correspondence testing, we are able to discern disparities in call-back rates for fictitious candidates who respond to actual job postings over four dimensions: gender, ethnic origin, locality of residence (advantaged vs. disadvantaged), and the degree of media exposure during the riots. We propose a new empirical approach to measure discrimination across several dimensions that integrates a set of relevant parameters into one unified system of equations with a compact and tidy structure. We decomposed the probability of receiving a callback for any candidate of given characteristics as a function of several parameters that are evaluated through difference-in-differences estimators. We find statistically significant negative effects of a pure media exposure effect. All other factors held constant, people residing in the area which received negative publicity were 3.2 percentage points less likely to receive a callback. The group of workers who tend to be the most associated with the riots, i.e. men of North African origin (at least in terms of perceptions), are the least affected by potential discrimination by region of residence, while women of French origin are the most affected.","PeriodicalId":262144,"journal":{"name":"LSN: Other Law & Society: Private Law - Labor & Employment Law (Topic)","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127746256","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Development Officers of Life Insurance Corporation (LIC) Whether Workman? – A Study","authors":"Aditya Yadav","doi":"10.2139/ssrn.2846682","DOIUrl":"https://doi.org/10.2139/ssrn.2846682","url":null,"abstract":"The Supreme Court decision on the appeal by the development officer of LIC.","PeriodicalId":262144,"journal":{"name":"LSN: Other Law & Society: Private Law - Labor & Employment Law (Topic)","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132951112","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Future of Work in the ‘Sharing Economy’. Market Efficiency and Equitable Opportunities or Unfair Precarisation?","authors":"Cristiano Codagnone, F. Abadie, F. Biagi","doi":"10.2791/431485","DOIUrl":"https://doi.org/10.2791/431485","url":null,"abstract":"This critical and scoping review essay analyses digital labour markets where labour-intensive services are traded by matching requesters (employers and/or consumers) and providers (workers). It focuses on digital labour markets which allow the remote delivery of electronically transmittable services (i.e. Amazon Mechanical Turk, Upwork, Freelancers, etc.) and those where the matching and administration processes are digital but the delivery of the services is physical and requires direct interaction. The former broad type is called Online Labour Markets (OLMs) and is potentially global. The latter broad type is termed Mobile Labour Markets (MLMs) and is by definition localised. The essay defines and conceptualises these markets proposing a typology which proves to be empirically valid and heuristically useful. It describes their functioning and the socio-demographic profiles of the participants, reviews their economic and social effects, discusses the possible policy implications, and concludes with a research agenda to support European level policy making. It alternates the discussion of ‘hard’ findings from experimental and quasi-experimental studies with analysis of ‘softer’ issues such as rhetorical discourses and media ‘hyped’ accounts. This triangulation is inspired by, and a tribute to, the enduring legacy of the work of Albert O. Hirschman and his view that ideas and rhetoric can become endogenous engines of social change, reforms, and policies. This essay tries to disentangle the rhetoric with available empirical evidence in order to enable a more rational debate at least in the discussion of policies, if not in the public arena. To do so, an in depth analysis of 39 platforms was undertaken together with a formal review of 70 scientific sources. These two main sources have been integrated with: a) an exploration of 100 media accounts (business press, newspapers, magazines, and blogs); b) 50 reports and surveys produced by ‘interested parties’ (industrial associations, platforms own reports and public relation materials, think tanks with a clear political orientation, NGOs, trade unions, etc.); and c) about 200 indirectly relevant scientific contributions and policy reports (used as sources to contextualise and integrate the above sources, and to derive theoretical and interpretative insights). While the evidence is limited and inconclusive with respect to various dimensions, the findings of this essay show, among other things, that: a) individuals engage in these activities primarily for money, for a large segment of them this work is their primary source of income, and most are under-employed and self-employed and fewer are unemployed and inactive; b) matching frictions and hiring inefficiencies are widespread and even the OLMs are far from being globalised online meritocracies; c) a behavioural approach to big data exploration should be further applied because there is emerging evidence of heuristic and biases contribut","PeriodicalId":262144,"journal":{"name":"LSN: Other Law & Society: Private Law - Labor & Employment Law (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130888968","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Towards an Interdisciplinary Approach of Quality of Employment in Latin America: Evidence from Colombia","authors":"Thibaud Deguilhem, Michelle Vernot, B. Delmas","doi":"10.2139/ssrn.2781585","DOIUrl":"https://doi.org/10.2139/ssrn.2781585","url":null,"abstract":"In Colombia, the labour market is characterized by the multiplication of atypical forms of employment. These forms are beyond the classic labour market analysis and demand the creation of tools adapted to the specific contexts of each country. The concept of quality of employment seems to respond to the failures of the Decent work concept, but leaves out any legal concept. The authors with the help of an original methodology, Multiple Correspondence Analysis, construct a multidimensional and interdisciplinary quality of employment indicator that allows to transcend the classical typologies. This indicator enables an accurate description of the labour market in the city of Bogota for 2013.","PeriodicalId":262144,"journal":{"name":"LSN: Other Law & Society: Private Law - Labor & Employment Law (Topic)","volume":"40 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124104007","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}