LSN: Labor & Employment Contracts (Topic)最新文献

LSN: Labor & Employment Contracts (Topic) Pub Date : 2020-07-09 DOI: 10.2139/ssrn.3647336

Hanoch Dagan, M. Heller

引用次数: 0

'The Common Law Is … not what It used to be': Revisiting Recognition of a Constitutionally-Inspired Implied Duty of Fair Dealing in the Common Law Contract of Employment (Part 1) “普通法不再是过去的样子”:重新认识普通法雇佣合同中受宪法启发的公平交易默示义务(上)

LSN: Labor & Employment Contracts (Topic) Pub Date : 2018-12-12 DOI: 10.17159/1727-3781/2018/V21I0A5129

Andre Louw

引用次数: 1

The European Duty to Provide Reasonable Accommodation for People with Disabilities. Reflections Regarding the Duties’ Role in the Extinction of Employment Contracts 为残疾人提供合理便利的欧洲义务。关于义务在劳动合同消亡中的作用的思考

LSN: Labor & Employment Contracts (Topic) Pub Date : 2018-01-31 DOI: 10.2139/ssrn.3114760

David Gutiérrez

{"title":"The European Duty to Provide Reasonable Accommodation for People with Disabilities. Reflections Regarding the Duties’ Role in the Extinction of Employment Contracts","authors":"David Gutiérrez","doi":"10.2139/ssrn.3114760","DOIUrl":"https://doi.org/10.2139/ssrn.3114760","url":null,"abstract":"The duty to provide reasonable accommodation is one of the most important measures to achieve equal opportunities of people with disabilities. Reasonable accommodation recognises the relevance of 'impairment', and it is designed to inter alia increase the employment of people with disabilities. The importance of this duty was such that it was configured in article 5 Directive 2000/78 and as a key measure in the Convention on the Rights of Persons with Disabilities. Thus, the duty to provide reasonable accommodation has become both a European and an International norm. In light of this, this working paper aims to analyse the European configuration of the duty to provide reasonable accommodation in the workplace of People with Disabilities, and its role in the extinction of an employment contract. Specifically, this contribution seeks to assess the current configuration and effectiveness of reasonable accommodation, in light of the legal framework (Directive 2000/78) and its interpretation by the Court of Justice of the European Union. Therefore, it will examine, at a European level, the possibilities offered by the configuration of reasonable accommodation, as a mechanism for the maintenance of employment and an obstacle to termination of employment contracts of people with disabilities.","PeriodicalId":383923,"journal":{"name":"LSN: Labor & Employment Contracts (Topic)","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125353816","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

Behavioral Trade-Offs: Beyond the Land of Nudges Spans the World of Law and Psychology 行为权衡:超越轻推的土地跨越法律和心理学的世界

LSN: Labor & Employment Contracts (Topic) Pub Date : 2014-05-20 DOI: 10.2139/ssrn.2439179

Y. Feldman, Orly Lobel

{"title":"Behavioral Trade-Offs: Beyond the Land of Nudges Spans the World of Law and Psychology","authors":"Y. Feldman, Orly Lobel","doi":"10.2139/ssrn.2439179","DOIUrl":"https://doi.org/10.2139/ssrn.2439179","url":null,"abstract":"The purpose of this chapter is to illuminate the breadth and potential of behaviorally informed legal policy. We argue that currently policy approaches that encompass behavioral insights often overlook a fuller picture of psychology. A narrow approach limits the successful integration of behavioural insights into the legal system. This chapter suggests ways to move toward harmonization between the various law and psychology schools of thought. The need for such harmonization stems not only from the independent development of each strand, absent, for the most part, coherent integration and exchange, but also because this lack of awareness of the insights developed in related areas of law and psychology may lead to very limited and sometimes inadvertent policy recommendations. To meet this challenge, the paper suggests the need to balance some of the tensions which emerge from different aspects of psychology into a proposed framework of behavioural trade-offs. In particular we will focus in this chapter on taxonomy with four main trade-offs. Outcome vs. Process; Invisible vs. Expressive Law; Trusting vs. Monitoring; and Universal vs. Targeted Nudging. By demonstrating how actual policy concerns could be better understood by accounting for these trade-offs, the chapter will contribute to a more informed and nuanced path of EU behavioural-based legal policy.","PeriodicalId":383923,"journal":{"name":"LSN: Labor & Employment Contracts (Topic)","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-05-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127683493","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: 9

Using Pyett to Counter The Fall of Contract-Based Unionism in a Global Economy 用皮耶特来对抗全球经济中基于合同的工会主义的衰落

LSN: Labor & Employment Contracts (Topic) Pub Date : 2013-12-31 DOI: 10.15779/Z38BD1F

Stephen A. Plass

{"title":"Using Pyett to Counter The Fall of Contract-Based Unionism in a Global Economy","authors":"Stephen A. Plass","doi":"10.15779/Z38BD1F","DOIUrl":"https://doi.org/10.15779/Z38BD1F","url":null,"abstract":"Structural changes in the economy that contributed to high unemployment have combined with global wage competition to destroy the contract-making and contract-enforcement powers of unions. Supporters of labor uniformly insist on defining the role of unions as contractual, and condemn the Supreme Court's Pyett decision that permits unions to take control of their members' legal claims. Yet unions' contractual powers have dwindled under the National Labor Relations Act, thereby leaving workers vulnerable to the bargaining demands of their employers. This article shows how Pyett can renew the importance of unions. The Article argues that read appropriately, Pyett is positively transformative in the same way as the Steelworkers Trilogy. Although the Pyett decision did not offer a compelling justification for its conclusion that unions are authorized to bargain about antidiscrimination rights, unions' effective advocacy for their members' antidiscrimination claims may be a practical necessity today. The Article focuses on Pyett's potential to transform the workplace by eliminating the line between contract and legal disputes. Using the Trilogy as a backdrop, and antidiscrimination rights as an example, the article addresses the theoretical and practical concerns cited as obstacles to Pyett's viability. It provides original answers to the questions Pyett left open and provides a roadmap on how the decision may be implemented contractually to advance employers' and workers' interests.","PeriodicalId":383923,"journal":{"name":"LSN: Labor & Employment Contracts (Topic)","volume":"276 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115211360","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

Monitoring Employees' Email and Internet Use at Work - Balancing the Interests of Employers and Employees 监控员工在工作中使用电子邮件和互联网——平衡雇主和雇员的利益

LSN: Labor & Employment Contracts (Topic) Pub Date : 2002-12-01 DOI: 10.2139/SSRN.2295238

K. Wheelwright

引用次数: 7