Industrial Law Journal最新文献_第2页

Working Time Remedies Beyond Brexit: Chief Constable of the Police Service of Northern Ireland and Another v Agnew and Others 英国脱欧之后的工作时间补救措施：北爱尔兰警察局局长及另一人诉阿格纽等人案

IF 1 4区社会学

Industrial Law Journal Pub Date : 2024-05-08 DOI: 10.1093/indlaw/dwae007

Lisa Rodgers, Oxana Golynker

{"title":"Working Time Remedies Beyond Brexit: Chief Constable of the Police Service of Northern Ireland and Another v Agnew and Others","authors":"Lisa Rodgers, Oxana Golynker","doi":"10.1093/indlaw/dwae007","DOIUrl":"https://doi.org/10.1093/indlaw/dwae007","url":null,"abstract":"On 4 October 2023, the ‘long-anticipated’ judgment in PCC v Agnew was handed down by the Supreme Court. This case concerned claims for holiday pay made by police officers and other civilian staff employed by the Police Service of Northern Ireland (PSNI). The Supreme Court had to decide two main issues. The first was whether police officers could take advantage of the more generous remedy provisions in respect of holiday pay claims in the Employment Rights Order 1996 (ERO) (which largely corresponds to the UK Employment Rights Act 1996) as opposed to the Working Time Regulations. The second issue was the correct interpretation of the ERO provisions. As well as the important practical implications of the case, there are also interesting jurisprudential issues that arise. The case deals with the interpretation of European Union (EU) derived rights in the labour context. This is a sensitive area, given that access to EU interpretive mechanisms usually equates to a more progressive reading of rights, and this fans the flame of UK government scepticism to both the EU and working time rights. This article discusses the particular approach to statutory interpretation taken by the Supreme Court and the implications of this approach for the progressive interpretation of EU-derived employment rights going forward.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-05-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140935915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Access to Work for Those Seeking Asylum: Concerns Arising from British and Swedish Legal Strategies 寻求庇护者的工作机会：英国和瑞典法律战略引起的关注

IF 1 4区社会学

Industrial Law Journal Pub Date : 2024-03-12 DOI: 10.1093/indlaw/dwae004

Petra Herzfeld Olsson, Tonia Novitz

{"title":"Access to Work for Those Seeking Asylum: Concerns Arising from British and Swedish Legal Strategies","authors":"Petra Herzfeld Olsson, Tonia Novitz","doi":"10.1093/indlaw/dwae004","DOIUrl":"https://doi.org/10.1093/indlaw/dwae004","url":null,"abstract":"This article seeks to probe the controversial relationship between seeking asylum and the permission (or obligation) to work. In doing so, we recognise the concurrent claims that can be made for asylum and access to the labour market, problematising the concept of ‘work’ and its relationship to freedom and dignity from the perspective of international refugee law and European human rights norms alongside European Union (EU) law. We examine how British and Swedish legal systems have reflected two starkly opposed policy stances. The UK has long denied asylum seekers the financial and psychological benefits that come with work usually until refugee status is formally granted, but the Swedish system has facilitated a complementary pathway for asylum seekers whose labour can make (what is determined politically to be) a sufficient contribution to the economy. We identify the perceived benefits and failings of each strategy. In this context, we observe that the status quo in both countries is changing and even arguably converging around an illiberal consensus regarding the relationship between asylum and work, which will demand further attention and potentially legal challenges in the years to come.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"55 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-03-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140117071","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

One Man, Two Guvnors: Revisiting the Principle Against Two Employers 一个人，两个老板：重新审视反对双雇主原则

IF 1 4区社会学

Industrial Law Journal Pub Date : 2024-02-19 DOI: 10.1093/indlaw/dwae001

Charles Wynn-Evans

引用次数: 0

Consent to Labour Exploitation 同意劳动剥削

IF 1 4区社会学

Industrial Law Journal Pub Date : 2024-02-02 DOI: 10.1093/indlaw/dwad036

Maayan Niezna

{"title":"Consent to Labour Exploitation","authors":"Maayan Niezna","doi":"10.1093/indlaw/dwad036","DOIUrl":"https://doi.org/10.1093/indlaw/dwad036","url":null,"abstract":"This article argues there is no one-size-fits-all approach to the role of consent to labour exploitation. However, there is significant value in considering the theoretical underpinnings of different legal interventions addressing labour exploitation. The article first explores different theoretical accounts of exploitation in political philosophy: emphasising taking unfair advantage, violation of dignity or coercion. Following the theoretical analysis, the article maps the different legal interventions in labour law, criminal law and public law. It suggests that the starting point of analysing consent to labour exploitation—fairness, dignity, individual coercion, structural coercion and consent—determines the result of the analysis. This section demonstrates the connection between different areas of law and different theoretical approaches to the role of consent to labour exploitation. The different approaches are then applied to examples based on real-world cases. The article concludes that in the context of labour exploitation, consent is a necessary but insufficient condition for the legitimacy and legality of the labour relations. The fairness of the result and protecting workers’ dignity should also be considered.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"24 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139678253","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Reducing Worker Exploitation in Time-Limited, Low-Wage Visa Schemes: Lessons from South Korea and Thailand 在有时间限制的低工资签证计划中减少对工人的剥削：韩国和泰国的经验教训

IF 1 4区社会学

Industrial Law Journal Pub Date : 2024-01-20 DOI: 10.1093/indlaw/dwad035

Arwen Joyce

引用次数: 0

Decent Work in the Digital Age: European and Comparative Perspectives 数字时代的体面工作：欧洲和比较视角

IF 1 4区社会学

Industrial Law Journal Pub Date : 2023-12-09 DOI: 10.1093/indlaw/dwad032

Ou Lin

引用次数: 0

A New Approach to Australia’s Sex Discrimination and Labour Laws is Designed to Improve Equality for Women at Work 澳大利亚性别歧视和劳动法的新方法旨在改善妇女在工作中的平等地位