The Oxford Handbook of the Law of Work
The Oxford Handbook of the Law of Work
Guy Davidov, Hebrew University of Jerusalem, Israel
Brian Langille, University of Toronto, Canada
Gillian Lester, Columbia University, US
Cite
Abstract
At the core of all societies and economies are human beings deploying their energies and talents in productive activities—that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This book is about the ‘law of work’, a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. The book offers a comprehensive review and analysis—theoretical and critical—of the law of work. It includes sixty chapters, divided into four parts: fundamentals (including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries); core concerns of the law of work (including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination at work, and human rights at work); international and transnational law of work; and overarching themes (including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, and more).
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Front Matter
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Part A Fundamentals
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Section I The Law of Work: Dimensions of Historical Development Around the World
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1
Anthropogenic Labour Law: The Coevolution of Law and Work
Simon Deakin
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2
A Rose by Any Other Name: Work Law as the Law of Power
Harry W. Arthurs
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3
The Contractual Lens
Brian Langille
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4
Postcolonialism and Labour Law
Supriya Routh
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5
The Development of the Law of Work in China
Tian Yan
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6
The Development of the Law of Work in Latin America
Adrián Goldin
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7
The Law of Work in Post-Socialist European Countries
Attila Kun
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1
Anthropogenic Labour Law: The Coevolution of Law and Work
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Section II Why Regulate Work?
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Section III Conceptual ‘Building Blocks’ of the Law of Work
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Section IV The (Unsettled) Boundaries of the Law of Work
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Part B Core Concerns of the Law of Work
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Section V The Contract of Employment
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19
The Managerial Prerogative and Variation of the Employment Contract
Joellen Riley Munton
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20
Good Faith Obligations in Employment Law
Kevin Banks
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21
Fixed-Term and Zero-Hours Contracts
Mia Rönnmar
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22
Non-Compete Covenants
Kenneth G. Dau-Schmidt andJozie M. Barton
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23
Waivability of Employment Rights: New Frontier or Road to Perdition?
Cynthia Estlund
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19
The Managerial Prerogative and Variation of the Employment Contract
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Section VI Individual Work Relations: Core Issues
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24
The Minimum Wage
Matthew Dimick
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25
Working Time
A.C.L. Davies
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26
Parental and Sick Leave: Talking About Inclusive Solidarity
Julia López López andEusebi Colàs-Neila
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27
Dismissal
Takashi Araki
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28
Regulating Health and Safety in Capitalist Workplaces: History, Practices, and Prospects
Eric Tucker
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29
Detection and Enforcement of Work Law Violations
Tess Hardy
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24
The Minimum Wage
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Section VII Collective Labour Relations: Core Issues
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31
Comparative Collective Bargaining Law
David J. Doorey
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32
Decolonizing the Right to Strike
Flávia Máximo
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33
Worker Participation in the Enterprise
Frank Hendrickx and others
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34
Alt-Labour and Worker Centres
César F. Rosado Marzán
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Section VIII Discrimination at Work
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35
Race and the Workplace
Llezlie L. Green
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36
Discrimination Concerning Hiring and Firing
Sophie Robin-Olivier
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37
Effects-Based Discrimination: Beyond the Mirage?
Sandra Fredman
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38
Accommodations
Mark Bell
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39
Equal Pay
Hiroyo Tokoro
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40
Protection from Sexual Harassment
Debbie Collier
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41
Protection Against Bullying
David C. Yamada
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42
Age Discrimination and Mandatory Retirement
Alysia Blackham
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35
Race and the Workplace
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Section IX Human Rights at Work
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Part C International and Transnational Law of Work
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Section X International and Transnational Labour Law
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46
The International Labour Organization and Its Conventions
Anne Trebilcock
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47
The Decent Work Agenda and the Developing World
Marlese von Broembsen
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48
Trade Agreements and Labour Law
Lance Compa
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49
Transnational Unions and Labour Framework Agreements
Adriana Topo
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50
Corporate Social Responsibility and Corporate Codes of Conduct: Theories and Discourses in Transnational Labour Law
Thierry Galani Tiemeni
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51
Multi-Stakeholder Initiatives and the Law of Work
Janelle M. Diller
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46
The International Labour Organization and Its Conventions
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Section XI Immigration and the Law of Work
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Part D Overarching Themes
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Section XII Contemporary Labour Market Challenges
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Section XIII The Law of Work in a Changing World
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End Matter
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