Migrant Labour and the Reshaping of Employment Law, Bernard Ryan
Автор: Blanpain R. Название: The Global Workplace: International And Comparative Employment Law - Cases And Materials ISBN: 110766487X ISBN-13(EAN): 9781107664876 Издательство: Cambridge Academ Рейтинг: Цена: 49630.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This is the first set of law school course materials in English covering international and comparative employment and labor law.
Автор: Gray Anthony Название: Vicarious Liability ISBN: 1509920234 ISBN-13(EAN): 9781509920235 Издательство: Bloomsbury Academic Рейтинг: Цена: 95040.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The scope of vicarious liability has significantly expanded since its original conception. Today employers are being found liable for actions of employees that they did not authorise, and never would have authorised if asked. They are being held liable for an employee’s criminal activity. In the related strict liability field of non-delegable duties, they are being held liable for wrongdoing of independent contractors. Notions of strict liability have grown increasingly isolated in the law of tort, given the exponential growth in the tort of negligence. They require intellectual justification. Such a justification has proven to be elusive and largely unsatisfactory in relation to vicarious liability and to concepts of non-delegable duty. The law of three jurisdictions studied has now apparently embraced the ‘enterprise risk’ theory to rationalise the imposition of vicarious liability. This book subjects this theory to strong critique by arguing that it has many weaknesses, which the courts should acknowledge. It suggests that a rationalisation of the liability of an employer for the actions of an employee lies in more traditional legal doctrine which would serve to narrow the circumstances in which an employer is legally liable for a wrong committed by an employee.
Автор: Brodie Название: Enterprise Liability and the Common Law ISBN: 110763010X ISBN-13(EAN): 9781107630109 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: The reform of the law of tort in order to meet concerns about corporate social responsibility has not been without controversy. Douglas Brodie offers a critique of the employer`s common law obligations, both in tort and under the law of contract of employment.
Название: Why do people migrate? ISBN: 183867750X ISBN-13(EAN): 9781838677503 Издательство: Emerald Рейтинг: Цена: 58260.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: By looking at case studies from around Europe, this book focuses on the impact of the expected labour market security on migration decision-making and will prove invaluable for researchers, leaders and policy makers in the field of politics and migration studies.
Автор: Odaki Kazuhide Название: Right to Employee Inventions in Patent Law ISBN: 1509920315 ISBN-13(EAN): 9781509920310 Издательство: Bloomsbury Academic Рейтинг: Цена: 84480.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
Although employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends.
This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of inventions made by university researchers, giving due consideration to the need to ensure open science and their academic freedom.
Challenging popular assumptions, this book provides a solution to a critical issue by arguing that compensation for employee inventions should not be made mandatory regardless of jurisdiction because there is no legitimate reason to require employers to pay it. This means that patent law does not need to give employee inventors an 'incentive to invent' separately from the 'incentive to innovate' which is already given to employers.
Автор: Bernd Waas, Guus Heerma van Voss Название: Restatement of Labour Law in Europe: Vol I: The Concept of Employee ISBN: 1509912444 ISBN-13(EAN): 9781509912445 Издательство: Bloomsbury Academic Рейтинг: Цена: 237600.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
The concept of 'employee' is arguably the most important one in labour law, defining, as it does, the scope of the discipline as a whole. This important new publication aims to develop a restatement of the concept of the employee in European labour law. The study identifies both problems and solutions that have emerged, clearly setting out comparisons between the different member states' approaches. The country reports explore both statutes and case law, tracking their contribution to legal doctrine. The objective of the restatement is to increase knowledge and gain a better understanding of one of the most crucial aspects of European labour law.
Assistant Editors: - Marta Otto - Effrosyni Bakirtzi
Автор: Berg Название: Migrant Rights at Work ISBN: 1138805556 ISBN-13(EAN): 9781138805552 Издательство: Taylor&Francis Рейтинг: Цена: 153120.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
Public debates about the terms of membership and inclusion have intensified as developed economies increasingly rely on temporary migrant labour. While most agree that temporary migrant workers are entitled to the general protection of employment laws, temporary migrants have, by definition, restricted rights to residence, full social protections and often to occupational and geographic mobility. This book raises important ethical questions about the differential treatment of temporary and unauthorised migrant workers, and permanent residents, and where the line should be drawn between exploitation and legitimate employment.
Taking the regulatory reforms of Australia as a key case study, Laurie Berg explores how the influence of immigration law extends beyond its functions in regulating admission to and exclusion from a country. Berg examines the ways in which immigration law and enforcement reconfigure the relationships between migrant workers and employers, producing uncertain and coercive working conditions. In presenting an analytical approach to issues of temporary labour migration, the book develops a unique theoretical framework, contending that the concept of precariousness is a more fruitful way than equality or vulnerability to evaluate and address issues of temporary migrant labour.
The book will be of great interest to scholars and practitioners of immigration law and employment law and policy.
Автор: Katrin Kanzenbach Название: The Model of the Corporate Compliance Officer ISBN: 3631798210 ISBN-13(EAN): 9783631798218 Издательство: Peter Lang Рейтинг: Цена: 106840.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
The book introduces the model of the corporate compliance officer under US, UK and German law and practice. It aims to analyze the compliance function within private sector companies in the three selected jurisdictions in order to present a model of the German Compliance Officer. There is little uniformity and standardization of the German compliance function outside the banking sector. It has been recognized that a generally applicable definition of the compliance function is as yet absent. There is a need for a generally applicable definition and a modern understanding of the role of the compliance officer. This is why this book is intended to bridge the gap in knowledge concerning the applicable legal standards required to ensure the effectiveness of this position. As such, it may be useful to examine the legal environment of the compliance function outside of the German framework and to explore the professional status and role of the corporate compliance officer in other countries, such as in the US and the UK.
Автор: Joanna Howe, Rosemary Owens Название: Temporary Labour Migration in the Global Era: The Regulatory Challenges ISBN: 1509906282 ISBN-13(EAN): 9781509906284 Издательство: Bloomsbury Academic Рейтинг: Цена: 73920.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: In the global era, controversies abound over temporary labour migration; however, it has not previously been subjected to a sustained socio-legal analysis on a comparative basis, critiquing the underpinning concepts conventionally accepted as fundamental in this area. This collection of essays aims to fill that void. Complex regulatory challenges arise from temporary labour migration. This collection examines these challenges and the extent to which temporary labour migration programmes can be ethical, equitable and efficacious and so deliver decent work for workers. Whilst the tendency for migration law to divide labour law’s worker-protective mission has been observed before, the authors of the chapters comprising this collection seek not only to interrogate why and how this is so, but to go further in examining the implications and effects of a wide range of regulatory mechanisms on temporary labour migration.
Автор: Julia Moses Название: The First Modern Risk: Workplace Accidents and the Origins of European Social States ISBN: 1108443478 ISBN-13(EAN): 9781108443470 Издательство: Cambridge Academ Рейтинг: Цена: 33790.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Examines Europe`s first significant national policies on social welfare in the late nineteenth century, which saw regulation focused on workplace accidents and had major implications for state-society relations. Ideal for scholars in history and law with an interest in the welfare state, labor regulation, and occupational health.
Автор: Marta Otto Название: The Right to Privacy in Employment: A Comparative Analysis ISBN: 1509906118 ISBN-13(EAN): 9781509906116 Издательство: Bloomsbury Academic Рейтинг: Цена: 95040.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: At the beginning of the twenty-first century the term ‘privacy’ gained new prominence around the world, but in the legal arena it is still a concept in ‘disarray’. Enclosing it within legal frameworks seems to be a particularly difficult task in the employment context, where encroachments upon privacy are not only potentially more frequent, but also, and most importantly, qualitatively different from those taking place in other areas of modern society. This book suggests that these problems can only be addressed by the development of a holistic approach to its protection, an approach that addresses the issue of not only contemporary regulation but also the conceptualization, adjudication, and common (public) perception of employees’ privacy. The book draws on a comprehensive analysis of the conceptual as well as regulatory convergences and divergences between European, American and Canadian models of privacy protection, to reconsider the conceptual and normative foundations of the contemporary paradigm of employees’ privacy and to elucidate the pillars of a holistic approach to the protection of right to privacy in employment.
Автор: Moses, Julia (university Of Sheffield) Название: The first modern risk ISBN: 1108426506 ISBN-13(EAN): 9781108426503 Издательство: Cambridge Academ Рейтинг: Цена: 95040.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Examines Europe`s first significant national policies on social welfare in the late nineteenth century, which saw regulation focused on workplace accidents and had major implications for state-society relations. Ideal for scholars in history and law with an interest in the welfare state, labor regulation, and occupational health.
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