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This is an annotation article by article of the ILO Convention C171 - Night Work Convention, 1990 (No. 171)

The law imposes considerable burdens upon employers both in relation to torts committed by their employees, and in respect of duties owed by employers to their employees.The nature of the duties of employers varies according to the... more

The law imposes considerable burdens upon employers both in relation to torts committed by their employees, and in respect of duties owed by employers to their employees.The nature of the duties of employers varies according to the circumstances and, in some instances, employers will be liable irrespective of any fault of their own, while in others it is necessary to prove fault on the part of the employer. It is important to maintain and develop a clear picture of the framework of the common law and statutory liability of employers in order to untangle the maze of liabilities which may arise in the employment situation.

In this chapter, the mainstream, critical tradition in labour law is elaborated by way of the identification and discussion of four key elements of that tradition. These are (i) a (partial) rejection of the public/private divide in law;... more

In this chapter, the mainstream, critical tradition in labour law is elaborated by way of the identification and discussion of four key elements of that tradition. These are (i) a (partial) rejection of the public/private divide in law; (ii) a commitment to legal pluralism; (iii) legal scepticism; and (iv) the adoption of socio-legal methods. In the second part of the chapter, I explain the threat posed in recent decades to the continued viability of systems of labour law that are broadly-speaking protective of workers interests, and emancipatory of workers, by myriad pressures associated with globalization and deindustrialization. Again, the discussion proceeds by way of consideration of the four key elements of the critical tradition identified in Part I. The main question addressed is that of how scholars have sought to adapt their approaches and methods so as to continue to make interventions that are critical in nature and concerned, still, with the transformative potential of labour law.

In Stories of care: a labour of law, Lydia Hayes argues that the UK’s crisis of social care is a product of the institutionalised humiliation of paid care workers – a process made possible by the gendered inadequacy of law. Her book... more

In Stories of care: a labour of law, Lydia Hayes argues that the UK’s crisis of social care is a product of the institutionalised humiliation of paid care workers – a process made possible by the gendered inadequacy of law. Her book provides significant insights into the working lives of homecare workers. Their experiences and opinions are captured in the character narratives through which the book is structured: Cheap Nurse, Two-a-Penny, Mother Superior and Choosy Suzy. Each is connected to a specific area of law at work: equal pay law, the legal protection of employment, minimum wage law, and workforce regulation via the Care Act 2014.

Worker exploitation happens because of shoddy employment practice, non-compliance with employment law, breaches of human rights and criminal behaviour. Migrant workers are by no means the only workers who are at risk of exploitation and... more

Worker exploitation happens because of shoddy employment practice, non-compliance with employment law, breaches of human rights and criminal behaviour. Migrant workers are by no means the only workers who are at risk of exploitation and neither are all migrant workers at such a risk. Non-enforcement of minimum labour standards puts migrants and non-migrant workers at risk of exploitation and this risk is enhanced where workers have few alternative employment options and are unclear about their rights or are practically unable to enforce them. Exploitation is the product of a wide spectrum of abusive labour practice. At one end are extreme violations of human rights such as forced labour and slavery. At the other end of the spectrum, workers are denied the benefits of effective employment rights. Exploitation is associated with serious criminality but that is not the whole picture. Exploitation also flows from injustices which are experienced as everyday wrongs (such as being paid less than minimum wage or being bullied to work excessive hours, even though these abuses may themselves attract criminal sanctions). Without effective labour standards enforcement, the conditions which give rise to exploitation can be ‘normalised’ in communities and across industries. In all its forms, exploitation undermines the Welsh goal of ‘decent work’ as per section 4 of the ‘Well-being of Future Generations Act (Wales) 2015’.
The enforcement of employment law in the UK is heavily dependent on the lodging of individual claims at employment tribunals. In the face of worker exploitation and wide-spread employment rights violations,
it is ineffective. A step-change in labour standards compliance is required, as well as action on enforcement which specifically addresses the needs of workers in Wales. From page 79.

Homecare is a major source of women's low-wage employment in the UK. Practices of unpaid working time are widespread and many workers are not paid in accordance with their existing national minimum wage entitlements. On 1 April 2015, a... more

Homecare is a major source of women's low-wage employment in the UK. Practices of unpaid working time are widespread and many workers are not paid in accordance with their existing national minimum wage entitlements. On 1 April 2015, a new duty of well-being in social care came into force and local authorities are required to promote the control of care by service-users. As a consequence, homecare workers will increasingly be engaged in complex multilateral work relations and subject to multi-party control. This article examines how the national minimum wage entitlements of homecare workers have been legally interpreted and questions if their entitlements might be adversely affected under provisions of the Care Act 2014. There is a legacy of judicial decision-making in which care-giving is not recognised as 'work' for the purposes of the national minimum wage. Yet recent decisions have produced a more satisfactory entitlement framework by establishing that employer control over working time determines 'work'. However, it seems this framework is put at risk by the statutory promotion of service-user control. As work relations are re-cast, contractual relationships in which care-giving falls outside the protection of national minimum wage law will appear increasingly attractive because they may both enhance service-user control and facilitate very low cost labour. Without innovation in legal treatments of multi-party control and sustained attention to the worth of care-giving as employment, the rights of homecare workers are at risk under the Care Act 2014.

Austerity places intense pressures on labour costs in paid care. In the UK, electronic monitoring technology has been introduced to record (and materially reduce) the working time and wages of homecare workers. Based on empirical... more

Austerity places intense pressures on labour costs in paid care. In the UK, electronic monitoring technology has been introduced to record (and materially reduce) the working time and wages of homecare workers. Based on empirical findings, we show that, in a 'time of austerity', care is reductively constructed as a consumption of time. Service users are constructed as needy, greedy, time-consumers and homecare workers as resource-wasting time-takers. We point to austerity as a temporal ideology aimed at persuading populations that individual deprivation in the present moment, self-sacrifice and the suppression of personal need in the here and now is a necessary requirement to underpin a more secure national future. Accordingly, women in low-waged care work are required to eschew a rights-bearing, present-tense identity and are assumed willing to suppress their entitlements to lawful wages as a sacrifice to the future. By transforming our understandings of 'care' into those of 'time consumption', and by emphasizing the virtue of present-tense deprivation, a politics of austerity appears to justify time-monitoring in care provision and the rationing of homecare workers' pay.

In this chapter we discuss how women have been variously included and represented in academic work published in the UK ' s Industrial Law Journal from 1972 – 2013. On a historic view, the frequency with which women have been included as... more

In this chapter we discuss how women have been variously included and represented in academic work published in the UK ' s Industrial Law Journal from 1972 – 2013. On a historic view, the frequency with which women have been included as the subjects of research arguably coincides with contemporaneous social and political concerns. Their inclusion is also heavily dependent upon legal context and varies according to the application of empirical and/or doctrinal methods. Women are principally the subjects of research in stereotypical contexts relating to motherhood, marriage and a gendered perception of their participation in the labour market as problematic. Their representation in relation to such a constrained range of topics may impede the potential for labour law scholarship to conceive of women as workers more broadly. However , when this labour law scholarship engages strongly with issues of gender we fi nd it is frequently enriched by empirical data and applies insights drawn from disciplines outside of law. Further, there is evidence to suggest that labour law scholars are increasingly using empirical methods to gather their own original data and develop specifi c, evidence-based critique. This latter approach appears particularly likely to explore gender from the perspective of the work women are employed to perform, and the contractual terms under which they are engaged. The implication is of a labour law empiricism moving beyond its ' magpie ' traditions of using data from elsewhere, which seeks instead to explore gender as a social relation constructed through work. We argue that the trajectory of women in labour law scholarship examined here points towards the possibility of a more rounded account of women as subjects of labour law.

İş Sözleşmesinin İşveren Tarafından Feshine Genel Bakış ve Tekbiçim (Yeknesak) Fesih Usulü Bulunmayışının Yaratacağı Olası Sorunlar

Judicial review and the doctrine of natural justice can provide a very powerful way of challenging unjust decisions in the employment context. The paper examines two decisions in the Supreme Court of Queensland in which breaches of... more

Judicial review and the doctrine of natural justice can provide a very powerful way of challenging unjust decisions in the employment context. The paper examines two decisions in the Supreme Court of Queensland in which breaches of natural justice were found and led to relief being granted.
It is important to remember, however, that judicial review does not solve the ultimate problem in that decision makers whose decisions have been set aside can resume the process again from the beginning.

8 Things You Need To Know About Disability Discrimination

How to Deal With Sexual Harassment Outside of The Workplace

4 Things to Know About Leaves of Absence and Wrongful Termination 4 Things to Know About Leaves of Absence and Wrongful Termination Have you ever wondered what would happen if you became very ill suddenly and couldn't go to work? What... more

4 Things to Know About Leaves of Absence and Wrongful Termination
4 Things to Know About Leaves of Absence and Wrongful Termination
Have you ever wondered what would happen if you became very ill suddenly and couldn't go to work? What if your child or spouse became ill or he or she was severely injured in an accident; would you have to take off work for the duration of their recovery? Suppose your doctor told you that you were in need of surgery as soon as possible? Perhaps one of your parents was in a recent accident, would your boss give you time off to care for them? What if your husband or wife was injured while on active duty in the armed forces, could you get time off to help him or her? What if you were temporarily disabled but you could come back to work, does your boss need to accommodate you?
When an employee needs to take time off from work for certain reasons, it leaves the employee vulnerable to possible violations of their employee rights by their employer. There are laws in California that regulate employee leaves and the way in which employers must respond to an employee requesting and/or taking a leave. Not all employers follow these laws nor do they implement them into their policies. This is where issues arise for the employee which may lead to the need for an Employment Lawyer. An Employment Lawyer is a type of attorney who has experience in employment law on the employee side. This means the Employment Lawyer represents employees against their employers in particular leave of absence cases.
1. Termination? Wrongful? Wrongful termination?
An employee may run into issues at work once they request for a leave, take a leave, or return from a leave. When and if this occurs, certain employee rights may be violated and legal action may need to be taken.
The word 'terminated' in employment law is just a fancy word for being canned, fired, or getting sacked. It is a word usually used to characterize the way in which an employee was taken out of their employment as opposed to quitting, being let go, or a position being eliminated altogether. Termination is usually the result of an employee not conducting themselves in a professional manner such as being late or not producing satisfactory work product.
Where does the 'wrongful' come into play? Every state in America has its own laws regarding employment. In California, all employees are considered 'at-will' employees. This means that all employees can be fired from their position for any reason or even for no reason at all except if it is for an illegal reason. Employers can decide at their own will to get rid of an employee when it suits them as long as they do not decide to do so because of the particular employee's race, age, gender, sexual orientation, disability, medical condition, or if an employee makes a complaint concerning illegal/unlawful activity being exercised at the workplace. If an employer decides to terminate an employee based on one of those mentioned reasons, that may be considered a wrongful reason.
If an employee is terminated but the employee believes it is because they requested a leave, took a leave, or returned from a leave, he or she may be a victim of wrongful termination.
If an employee is terminated but it is based on what the law considers a wrongful reason, this may be identified as 'wrongful termination'. It is wrongful because it is based on an illegal reason. If an employee believes that he or she was wrongfully terminated because they were fired for an illegal reason, then he or she should contact an Employment Lawyer in their area.
1. Failure to comply with accommodation request
Sometimes an employee may be cleared to work after taking a medical leave but only under certain conditions and/or restrictions. If an employee returns to work after taking an approved leave, they may ask for certain accommodations from their employer in which their employer needs to comply with as long as the request(s) are/is reasonable. For example, an employee may request to work during certain hours or perhaps shorter shifts. If an employer fails to meet an employee's reasonable request(s), the employee may have a case against their employer for failing to comply with their disability needs.
1. Time is relevant
How much time can an employee take off for a leave of absence? Depending on the circumstances, technically an employee is permitted to take up to 12 weeks for a recognized leave of absence. There are other factors involved in deciphering how much time an employee is entitled to, but it is a determination that usually an Employment Lawyer would be able to make.
1. Communication is key
If an employee needs to take a leave, keeping open communication with their employer is key. An employee should keep their employer informed of when he or she will need to take a leave, how long he or she expects to be out of work, and should their circumstances change, they should inform their employer as soon as possible. Normally during this time, an employee is on unpaid leave unless their employment contract says otherwise. Where an employee would need more time in addition to the 12 weeks, he or she may contact their employer and inform them of this need in the form of an accommodation request. This request would likely need to include a doctor's recommendation of the additional time off. Keep in mind however that after the original 12 weeks is up, there are certain laws that do not obligate the employer to restore the employee's same position back to him or her upon their return.
In conclusion, disability leave and wrongful termination are complex areas of the law, which is why it would be useful to contact an Employment Lawyer. An Employment Lawyer who offers a free consultation with no up-front costs is the best kind of legal professional to contact. Each employment case is unique in its circumstances and facts, therefore an Employment Lawyer would be useful in the sense that they could tell a particular employee whether or not they have a case worth pursuing.

This article will shed light on the broad applicability of the General Data Protection Regulation (GDPR) in employment.

This chapter focuses on the effect that outsourcing, as a subset of privatization, has had on employment relations in Israel. In particular, chapter highlights the adverse, and perhaps counter-intuitive, effects that the law has had on... more

This chapter focuses on the effect that outsourcing, as a subset of privatization, has had on employment relations in Israel. In particular, chapter highlights the adverse, and perhaps counter-intuitive, effects that the law has had on the plight of Israeli contract workers.
Israeli governmental agencies and local councils have turned to outsourcing as a means to circumventing post limits and due to the Ministry of Finance’s pressures to increase ‘flexibility’ in the civil service. Intriguingly, paradoxically, and tragically, the law’s effort to regulate this growing phenomenon has led employers resorting to tactics which have redefined agency workers (teachers, nurses, etc) as workers subject to the “outsourcing of services” (teaching, nursing, etc). This has moved such workers into a legal void, depriving them of rights and protection.

Il contributo analizza le implicazioni sottese all'ordinanza con cui il Tribunale di Roma nel 2017 ha sollevato la questione di legittimità costituzionale sulla disciplina del licenziamento introdotta con il d.lgs. n. 23/2015 (c.d. Jobs... more

Il contributo analizza le implicazioni sottese all'ordinanza con cui il Tribunale di Roma nel 2017 ha sollevato la questione di legittimità costituzionale sulla disciplina del licenziamento introdotta con il d.lgs. n. 23/2015 (c.d. Jobs Act), sulla quale dovrà pronunciarsi prossimamente la Consulta.