Industrial Law Journal最新文献_第9页

Reconceptualising the Nautical Fault Exception in the Fog of Emerging Technologies 在新兴技术的迷雾中重新定义航海故障例外

IF 1 4区社会学

Industrial Law Journal Pub Date : 2021-10-07 DOI: 10.1093/indlaw/dwab028

M. Ozdel

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引用次数: 0

Agreement to Discuss: The Social Partners Address the Digitalisation of Work 讨论协议:社会合作伙伴应对工作数字化

IF 1 4区社会学

Industrial Law Journal Pub Date : 2021-10-07 DOI: 10.1093/indlaw/dwab026

D. Mangan

引用次数: 1

Determining the Impact of Migration on Labour Markets: The Mediating Role of Legal Institutions 确定移民对劳动力市场的影响:法律制度的中介作用

IF 1 4区社会学

Industrial Law Journal Pub Date : 2021-10-07 DOI: 10.1093/indlaw/dwab030

Manoj Dias-Abey

{"title":"Determining the Impact of Migration on Labour Markets: The Mediating Role of Legal Institutions","authors":"Manoj Dias-Abey","doi":"10.1093/indlaw/dwab030","DOIUrl":"https://doi.org/10.1093/indlaw/dwab030","url":null,"abstract":"\u0000 Critics of migration often claim that migrant workers displace local workers from jobs and apply downward pressure on wages. This article begins from the premise that it is impossible to understand the impact of migrant workers on labour markets without considering the functioning of law. Drawing on a reconstructed version of legal institutionalism, one that attends to the structuring influences of capitalist political economy and racism, this article considers the mediating role played by labour market institutions, such as collective bargaining and the contract of employment. An analysis of the historiography of migration to the UK since 1945 shows that labour market institutions have played a key role in influencing the inflow of migrant workers as well as the method of their incorporation into the labour market. In turn, migrant workers have intensified dynamics in the labour market that legal institutions have helped create, such as labour market segmentation. Migrant workers have also impacted the legal institutions themselves, either by being crucial actors in the creation of new legal institutions or by shaping the operation of existing ones.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"15 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-10-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84368446","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: 3

Labour Rights and the Catholic Church – The International Labour Organisation, the Holy See and Catholic Social Teaching 劳工权利与天主教会-国际劳工组织、教廷与天主教社会训导

IF 1 4区社会学

Industrial Law Journal Pub Date : 2021-10-06 DOI: 10.1093/indlaw/dwab021

Mark Bell

引用次数: 1

Boosting Union Membership: Reconciling Liberal and Social Democratic Conceptions of Freedom of Association via a Union Default 促进联盟成员:通过联盟违约协调自由主义和社会民主主义的结社自由概念

IF 1 4区社会学

Industrial Law Journal Pub Date : 2021-08-27 DOI: 10.1093/indlaw/dwaa018

M. Harcourt, G. Gall, Nisha Novell, Margaret Wilson

引用次数: 7

International Employment Cases Post-Brexit: Choice of Law, Territorial Scope, Jurisdiction and Enforcement 英国脱欧后的国际雇佣案件:法律选择、属地范围、管辖权和执行

IF 1 4区社会学

Industrial Law Journal Pub Date : 2021-08-27 DOI: 10.1093/indlaw/dwab019

L. Merrett

{"title":"International Employment Cases Post-Brexit: Choice of Law, Territorial Scope, Jurisdiction and Enforcement","authors":"L. Merrett","doi":"10.1093/indlaw/dwab019","DOIUrl":"https://doi.org/10.1093/indlaw/dwab019","url":null,"abstract":"\u0000 The globalisation of employment relationships means that the international aspects of employment law are important in an ever growing number of cases. In particular, international employment cases may raise issues relating to international jurisdiction, choice of law and territorial scope. Before the UK left the EU, directly effective EU Regulations regulating jurisdiction and choice of law provided the rules which are applied in a large number of cases. This article outlines the changes post-Brexit and the resulting overlapping regimes which now govern international employment cases. The choice of law rules in the Rome I Regulation and Rome II Regulation remain as part of retained EU law. International jurisdiction will now be governed entirely by national law rules. However, for cases in the High Court, the common law rules are amended to mirror the provisions which are previously applied under the Brussels I Regulation recast. Although in many cases the rules look the same, different principles of interpretation will apply, and, longer term, now that the rules are not binding as matter of EU there will be scope to amend and reform the rules.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"66 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-08-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84813129","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

Finding Fault in the Law of Unfair Dismissal: The Insubstantiality of Reasons for Dismissal 不公平解雇法的过错认定:解雇理由的不实性

IF 1 4区社会学

Industrial Law Journal Pub Date : 2021-08-10 DOI: 10.1093/indlaw/dwab018

Philippa Collins

{"title":"Finding Fault in the Law of Unfair Dismissal: The Insubstantiality of Reasons for Dismissal","authors":"Philippa Collins","doi":"10.1093/indlaw/dwab018","DOIUrl":"https://doi.org/10.1093/indlaw/dwab018","url":null,"abstract":"\u0000 The question of whether an Employment Tribunal should accept the employer’s reason for a dismissal has received little attention in studies of the law of unfair dismissal. This shortage of analysis continues even though this stage holds the potential to decide the outcome of the case. The current approach to the interpretation of the five potentially fair reasons for a dismissal is to leave them undefined, allowing employers broad scope to rely upon almost any reason to justify their decision to dismiss an employee. This piece demonstrates how the established view of this stage of the fairness process is a missed opportunity and fails to deliver the full potential of the law of unfair dismissal as it was drafted. In order to protect the fundamental right not to be unjustifiably dismissed, a threshold of substantiality should run throughout the reasons for dismissal—assessed objectively by the Tribunal judge. The assertion of such a threshold is particularly necessary under the open-ended ‘some other substantial reason’ category. The piece turns then to disciplinary dismissals, arguing that the current approach results in fair dismissals, first, for minor misconduct and, second, because of conduct with no connection to the employment relationship. Two solutions to these particular problems will be put forward: a tailored legislative amendment and a contractual reading of the existing section. Both approaches would introduce an element of substantive fairness that is currently absent and place some confines on the scope of the employer’s managerial prerogative by restraining the reasons for which they may fairly dismiss.","PeriodicalId":45482,"journal":{"name":"Industrial Law Journal","volume":"10 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2021-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90313226","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

Canadian Jurisprudence and the Employment Contract 加拿大法理学与雇佣合同

IF 1 4区社会学

Industrial Law Journal Pub Date : 2021-06-29 DOI: 10.1093/indlaw/dwab017

D. Brodie

引用次数: 0

The 2020 Judicial Attitude Survey Reveals the Views of Employment Judges 2020年司法态度调查揭示就业法官的观点

IF 1 4区社会学

Industrial Law Journal Pub Date : 2021-06-28 DOI: 10.1093/INDLAW/DWAB012

S. Corby

引用次数: 0

The First Revision of the Hofmann Case Law on Maternity Leave and Discrimination Against Fathers: Care-Giving as the Pivot? 霍夫曼产假与父亲歧视判例法的第一次修订:以照顾为中心?