LSN: Transnational Labor Issues (Topic)最新文献

Seafarer Wage Claims and the Ensuing Jurisdictional Conflicts: Whither Are We Bound? 海员工资索赔和随之而来的管辖权冲突:我们将走向何方?

LSN: Transnational Labor Issues (Topic) Pub Date : 2021-06-04 DOI: 10.2139/ssrn.3860304

E. Briggs

引用次数: 0

Is There a Right to Job Quality? Reenvisioning Workforce Development 工作质量有权利吗?重新设想劳动力发展

LSN: Transnational Labor Issues (Topic) Pub Date : 2020-07-06 DOI: 10.2139/ssrn.3644346

Jonathan F. Harris, Livia Lam

引用次数: 0

Transnational Auditors, Local Workplaces, and the Law 跨国审计师，当地工作场所和法律

LSN: Transnational Labor Issues (Topic) Pub Date : 2019-12-17 DOI: 10.2139/ssrn.3505584

P. Paiement

引用次数: 1

Israel's Bilateral Agreements with Source Countries of Migrant Workers: What is Covered, What is Ignored and Why? 以色列与移民工人来源国的双边协议:涵盖了什么，忽略了什么，为什么?

LSN: Transnational Labor Issues (Topic) Pub Date : 2019-12-17 DOI: 10.2139/ssrn.3523087

Yuval Livnat

{"title":"Israel's Bilateral Agreements with Source Countries of Migrant Workers: What is Covered, What is Ignored and Why?","authors":"Yuval Livnat","doi":"10.2139/ssrn.3523087","DOIUrl":"https://doi.org/10.2139/ssrn.3523087","url":null,"abstract":"The article explores the variety of matters that bilateral labor agreements (BLAs) could and should regulate for the protection of migrant workers, and then asks what led Israel, in the BLAs that it signed with source countries of migrant workers, to put such emphasis on protecting migrants during their recruitment (and especially to unsure non-payment of excessive recruitment fees) yet show so little concern in protecting them while in Israel and on their way back home. Three distinct theses are presented as possible explanations to this ostensible discrepancy: the care thesis (Israeli civil servants sincerely cared for the special hardships that recruitment fees inflicted on migrant workers on their way to Israel); the pressure thesis (the American State Department and the Israeli Supreme Court compelled Israel to address recruitment fees via BLAs), and the control thesis (Israeli Ministry of Interior realized that excessive recruitment fee payments curtail its power over migrant workers – as Courts are reluctant to confirm deportation of migrants who did not cover the cost of the recruitment fees that they paid – hence acted to eliminate such payments). Based on these three theses, the article also explores what could potentially motivate Israel to expand its future BLAs, in a way that they would not only protect migrants on their way to Israel, but also while they are in the country and on their way back home.","PeriodicalId":314073,"journal":{"name":"LSN: Transnational Labor Issues (Topic)","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116156281","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}

引用次数: 0

Misconceiving 'Seasons' in Global Food Systems: The Case of the EU Seasonal Workers Directive 对全球食品系统中“季节”的误解:以欧盟季节性工人指令为例

LSN: Transnational Labor Issues (Topic) Pub Date : 2017-07-01 DOI: 10.1111/eulj.12235

Lydia Medland

引用次数: 8

Social Harmonization in the Eyes of Polish Stakeholders – In Search of Consensus 波兰利益相关者眼中的社会和谐——寻求共识

LSN: Transnational Labor Issues (Topic) Pub Date : 2017-03-08 DOI: 10.2139/ssrn.2996449

K. Beaumont, K. Mirecka, Izabela Styczyńska

引用次数: 0

Gig Economy: Settlements Leave Labor Issues Unsettled 零工经济:劳工问题悬而未决

LSN: Transnational Labor Issues (Topic) Pub Date : 2016-05-05 DOI: 10.2139/SSRN.2776213

Miriam A. Cherry

引用次数: 2

Punishment and Work Law Compliance: Lessons from Chile 惩罚与劳动法遵守:智利的经验教训

LSN: Transnational Labor Issues (Topic) Pub Date : 2012-02-23 DOI: 10.2139/ssrn.2114370

César F. Rosado Marzán

{"title":"Punishment and Work Law Compliance: Lessons from Chile","authors":"César F. Rosado Marzán","doi":"10.2139/ssrn.2114370","DOIUrl":"https://doi.org/10.2139/ssrn.2114370","url":null,"abstract":"Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy and high respect for the rule of law. I observed that in Chile punishment bred a culture of resistance against workplace law enforcement. Some powerful employers mobilized courts and other government players against the labor inspectorate, the agency in charge of administratively enforcing all laws regarding the workplace, rendering the institution moot. My findings provide further evidence for New Governance, responsive regulation and traditional “Latin” inspection strategies being advocated by some law and policy scholars in the United States and beyond. While most of these scholars do not discard the importance of punishment, they call for more participatory and cooperative regulatory and enforcement processes, the use of persuasive rather than just punitive enforcement orientations, and conciliatory and remedial strategies by the enforcers to obtain better compliance results. In this manner, the Chilean case supports continued experimentation with non-punitive enforcement tools not just in Chile but also in the United States and beyond.","PeriodicalId":314073,"journal":{"name":"LSN: Transnational Labor Issues (Topic)","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114140867","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}

引用次数: 6

The Amended Proposal for a Directive on Services in the Internal Market and its Potential Impact on the Irish Tourism Industry 关于内部市场服务指令的修订提案及其对爱尔兰旅游业的潜在影响

LSN: Transnational Labor Issues (Topic) Pub Date : 2009-01-29 DOI: 10.21427/D7CJ4N

Bruce Carolan

{"title":"The Amended Proposal for a Directive on Services in the Internal Market and its Potential Impact on the Irish Tourism Industry","authors":"Bruce Carolan","doi":"10.21427/D7CJ4N","DOIUrl":"https://doi.org/10.21427/D7CJ4N","url":null,"abstract":"The European Union Services Directive, Directive 2006/123, was very controversial. The popular press focused on that aspect of the Directive which would have allowed employers to comply with the 'home' regulations when offering services in an EU 'host' country. For example, a cleaning service could employ Polish workers to clean Irish offices and paid them according to Polish minimum wage laws. As a result of the controversy, this aspect of the Directive was dropped. The controversy deflected attention from the broader impact of the Services Directive. The Directive, as ultimately adopted, will require member states to conduct an 'audit' of all rules and national regulations impacting on cross-border provision of services. Some will have to be eliminated as a potential violation of the Directive (e.g., the requirement of a physical office in the host member state). Other regulations will have to be defended as necessary and proportionate to the pursuit of a legitimate aim. In addition, member states will have to streamline and simplify the procedures by which one obtains permission to provide services across borders into the host member state. This will require the establishment of a central facility through which all necessary information can be obtained. It must be possible to do this online. The Services Directive will have a major impact on the Irish tourism industry, one of the largest industries in Ireland. This industry is rife with protectionist rules and regulations, and lacks the transparency required under the Directive. This article examines this overlooked aspect of the impact of the Services Directive.","PeriodicalId":314073,"journal":{"name":"LSN: Transnational Labor Issues (Topic)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128653162","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}

引用次数: 0

Trade Unions in the EU Facing Global Companies: Legal Obstacles and Innovations 面对跨国公司的欧盟工会:法律障碍与创新

LSN: Transnational Labor Issues (Topic) Pub Date : 2007-10-01 DOI: 10.2139/ssrn.1024424

Marie-Ange Moreau, Maria Esther Blas-Lopez

引用次数: 0