European Labour Law Journal最新文献

Anti-discrimination cases decided by the Court of Justice of the EU in 2023 2023 年欧盟法院裁决的反歧视案件

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European Labour Law Journal Pub Date : 2024-09-14 DOI: 10.1177/20319525241274670

Adrijana Martinović

引用次数: 0

Beyond profit: A model framework for ethical and feasible private prison labour 超越利润：道德和可行的私营监狱劳动示范框架

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European Labour Law Journal Pub Date : 2024-09-10 DOI: 10.1177/20319525241266199

Mario Guido

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引用次数: 0

Minding the gap? Blind spots in the ILO's and the EU's perspective on anti-forced labour policy 弥补差距？国际劳工组织和欧盟在反强迫劳动政策方面的盲点

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European Labour Law Journal Pub Date : 2024-09-10 DOI: 10.1177/20319525241266543

Faina Milman-Sivan, Yair Sagy

{"title":"Minding the gap? Blind spots in the ILO's and the EU's perspective on anti-forced labour policy","authors":"Faina Milman-Sivan, Yair Sagy","doi":"10.1177/20319525241266543","DOIUrl":"https://doi.org/10.1177/20319525241266543","url":null,"abstract":"This article critically examines the EU's recent proposal to ban products made with forced labour from its market, which adopts the ILO's definition of ‘forced labour’ as outlined in the Forced Labour Convention of 1930 (No. 29). The authors argue that the EU's endorsement of the ILO's approach is problematic due to two flawed assumptions: (1) the definition of ‘forced labour’ is universally accepted across the EU, and (2) it is well-suited to combat forced labour in contemporary supply chains. Through an analysis of ongoing debates between the ILO and its Member States, the article demonstrates a lack of consensus regarding the interpretation of the Convention, particularly in the context of hybrid public-private prison labour arrangements. Furthermore, introducing a new Hybrid Multi-Dimensional (HMD) model for analysing contemporary prison labour practices, the article reveals blind spots in the ILO's approach that may inadvertently allow the incorporation of prison labour into supply chains, contrary to the EU's objectives. The article argues that the EU's unequivocal endorsement of the ILO's definition disregards these fundamental issues and may hinder the effective implementation of its proposed ban. The authors suggest that the HMD model offers a more comprehensive framework for analysing the complex realities of modern prison labour and could provide a roadmap for resolving the ILO-States debate. The article concludes that the EU should reconsider its wholesale adoption of the ILO's approach in light of the HMD model's insights in order to fulfil the objectives of its proposed forced labour product ban.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142178104","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

The labour and social security rights of captive workers: Introduction 圈养工人的劳动和社会保障权利：导言

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European Labour Law Journal Pub Date : 2024-09-10 DOI: 10.1177/20319525241274663

Virginia Mantouvalou

引用次数: 0

Intellectual property rights behind bars 身陷囹圄的知识产权

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European Labour Law Journal Pub Date : 2024-09-10 DOI: 10.1177/20319525241266195

Frantzeska Papadopoulou Skarp

{"title":"Intellectual property rights behind bars","authors":"Frantzeska Papadopoulou Skarp","doi":"10.1177/20319525241266195","DOIUrl":"https://doi.org/10.1177/20319525241266195","url":null,"abstract":"This article investigates the conditions under which intellectual property rights are created in prison as well as the possibilities inmates are given to exercise these rights. The article adopts a predominantly Swedish perspective, while it also refers to illustrative examples of cases of creative works created behind bars in US prisons. The two penitentiary systems differ considerably, but there are some interesting conclusions to be drawn from the US experience and some unexpected similarities that may be noted in the way copyright protected works made in prison are treated. The article discusses, in its first part, the evolution of the penitentiary system in Sweden and the regulation of penal work and leisure times activities. The copyright system is briefly presented with a focus on the way copyright operates when the author is an inmate. Furthermore, the article provides illustrations of prison programmes that have resulted in the creation of copyright-protected works in the US, and how the US legal system has dealt with the question of copyright ownership of works created by inmates. Turning back to Sweden, the article reflects on the two writing programmes that have recently led to book publications authored by inmates, as well as on the fate of the ‘made in prison’ branded products. The article investigates yet another project, the Krimtech project that concerns other forms of inmate input to intellectual property, namely, the collection of data. The Foucauldian theory provides a theoretical umbrella under which the discrepancies between the copyright-law principle of equality of authors, and the actual practical implementation as well as the impact prison regulation has in this respect is discussed and analysed.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142178105","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

Work like any other but like no other: Labour rights for working prisoners in Sweden 与众不同的工作瑞典工作囚犯的劳动权利

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European Labour Law Journal Pub Date : 2024-09-10 DOI: 10.1177/20319525241266351

Petra Herzfeld Olsson

{"title":"Work like any other but like no other: Labour rights for working prisoners in Sweden","authors":"Petra Herzfeld Olsson","doi":"10.1177/20319525241266351","DOIUrl":"https://doi.org/10.1177/20319525241266351","url":null,"abstract":"In Sweden there is no minimum wage legislation. Wages for 88% of workers are governed by collective agreement, and for the remainder, they are set by individual employment contracts. The lowest wage levels in collective agreements for adults were about SEK 19,000 in 2022, and the median wage was about SEK 34,200, which corresponds to SEK 119 and SEK 214 per hour, respectively. Wages not set by collective agreement or employment contract are supposed to be ‘reasonable’. A reasonable wage is a wage in line with the level laid down in the sectoral collective agreement. Incarcerated workers earn SEK 13 an hour in Sweden. They are not categorised as workers, however, and therefore are not covered by labour law or collective agreements. But the products of their work – goods and services – are either sold on the open market or used for the benefit of the Swedish Agency for Prisons and the Probation Service, as the services or goods do not have to be bought on the open market. Such low pay would be considered unreasonable for any other work. However, work has been a central aspect of serving time in Swedish prisons for a very long time. Over time, such work has been motivated and governed by different principles and aims, such as the work-first principle, meaning, i.e., that work is both a societal duty and a right, and the aim of disciplining the incarcerated workers for internal and external purposes (resocialisation). The rehabilitative aspect of work has been emphasised. Proposals to raise the pay level have been rejected as being too expensive and counteracting the rehabilitative function of serving time in prison. This article seeks to explain the perceived rationale behind this state of affairs and to bring a human rights perspective into the picture and reflect on its implications.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142178106","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

The right to fair pay and two paradigms of prison work 公平薪酬权和监狱工作的两种模式

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European Labour Law Journal Pub Date : 2024-09-10 DOI: 10.1177/20319525241263175

Hugh Collins

引用次数: 0

‘Voluntary’ prison labour in the Netherlands 荷兰监狱中的 "自愿 "劳动

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European Labour Law Journal Pub Date : 2024-09-10 DOI: 10.1177/20319525241260877

Hadassa Noorda

{"title":"‘Voluntary’ prison labour in the Netherlands","authors":"Hadassa Noorda","doi":"10.1177/20319525241260877","DOIUrl":"https://doi.org/10.1177/20319525241260877","url":null,"abstract":"As of 2021, work in prisons in the Netherlands is voluntary, at least to some extent. In this article, I examine the protection of working prisoners’ labour rights after the shift to a voluntary work scheme for prisoners in the Netherlands. Work in Dutch prisons may be freely chosen to some extent, but the Dutch scheme for work in prison raises questions about offenders’ rehabilitation. Having work opportunities while in prison is said to contribute to the learning of skills, promote rehabilitation and societal reintegration and provide prisoners with income. However, prisoners in the Dutch prison perform their work for low pay and have limited meaningful options for the work they perform. This has a profound impact on their time in prison and on their reintegration into the labour market after having served their sentences. I argue that these issues demand an in-depth examination if prisoners’ rights are to be protected. I describe working prisoners’ labour rights in the Netherlands and address the normative question of the rights that working prisoners should have based on the principle that imprisonment itself is the punishment and that extensions of prison sentences in society are illegitimate. My proposal for considering the amendment of the approach to prison labour in the Netherlands aims to be useful for the analysis of prison labour in general.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142178109","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

Prison labour as punishment 监狱劳动作为惩罚

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European Labour Law Journal Pub Date : 2024-09-10 DOI: 10.1177/20319525241270252

Rory Kelly

引用次数: 0

Labour as a component of carceral circuitry: The case of asylum seekers 劳动作为收容循环的组成部分：寻求庇护者的案例

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European Labour Law Journal Pub Date : 2024-09-10 DOI: 10.1177/20319525241266353

Katie Bales

{"title":"Labour as a component of carceral circuitry: The case of asylum seekers","authors":"Katie Bales","doi":"10.1177/20319525241266353","DOIUrl":"https://doi.org/10.1177/20319525241266353","url":null,"abstract":"Building upon insights from carceral geography, this article conceptualises the ‘carceral’ as permeating beyond the prison walls to other areas of life through law and policymaking that confines and incarcerates without necessarily ‘imprisoning’. 1 Utilising the case study of asylum applicants in the UK, this article traces the role of ‘work’ as a component of carceral circuitry which enmeshes asylum seekers’ lives. Outside of immigration detention, this includes work exclusions which hinder mobility, life choices and economic independence, as well as fuelling engagement in both ‘voluntary’ unpaid work arrangements, and/or unregulated ‘criminal’ labour practices which arise as a result of exclusionary laws intent on creating a hostile environment. Inside of immigration detention analysis extends to the practice of ‘paid activities’ in which immigration detainees undertake millions of hours of work at a rate of £1.00 per hour, ostensibly ‘for their own benefit’. Labour law and its explicit exclusions, as well as the social welfare framework, thereby intersect with immigration control and the criminal law to construct, shape and reproduce this carceral sphere which seeks to control and govern asylum seekers’ lives as well as entrenching their vulnerability as an easily exploitable workforce from which value can be extracted.","PeriodicalId":41157,"journal":{"name":"European Labour Law Journal","volume":null,"pages":null},"PeriodicalIF":0.7,"publicationDate":"2024-09-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142178110","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