Labour law : text and materials
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書誌事項
Labour law : text and materials
Hart Publishing, 2001
- : pbk
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注記
Includes bibliographical references and index
内容説明・目次
- 巻冊次
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ISBN 9781841132358
内容説明
Law research students often begin their PhDs without having an awareness of methodology, or the opportunity to think about the practice of research and its theoretical implications. Law Schools are, however, increasingly alive to the need to provide training in research methods to their students. They are also alive to the need to develop the research capacities of their early career scholars, not least for the Research Excellence Framework exercise. This book offers a structured approach to doing so, focusing on issues of methodology - ie, the theoretical elements of research - within the context of EU and international law.
The book can be used alone, or could form the basis of a seminar-based course, or a departmental, or even regional, discussion group. At the core of the book are the materials produced for a series of workshops, funded by the Arts & Humanities Research Council's Collaborative Doctoral Training Fund, on Legal Research Methodologies in EU and international law. These materials consist of a document with readings on main and less mainstream methodological approaches (what we call modern and critical approaches, and the 'law and' approaches) to research in EU and international law, and a series of questions and exercises which encourage reflection on those readings, both in their own terms, and in terms of different research agendas. There are also supporting materials, giving guidance on practical matters, such as how to give a paper or be a discussant at an academic conference.
The basic aim of the book is to help scholars in EU and international law reflect on their research: where does it fit within the discipline, what kinds of research questions they think interesting, how do they pursue them, what theoretical perspective best supports their way of thinking their project, and so on. The book is aimed both at PhD students and early career scholars in EU and international law, and also at more established scholars who are interested in reflecting on the development of their discipline, as well as supervising research projects.
目次
1. Introduction: What is a 'Methodology'?
2. Thinking About Research and Scholarship
3. Thinking about Research and Scholarship in EU and International Law
4. The Main Jurisprudential Approaches
5. Extensions and Negations I: Modern and Critical Approaches
6. Extensions and Negations II: 'Law and'
7. What Next? Life After a PhD
- 巻冊次
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: pbk ISBN 9781841132365
内容説明
An examination of the law relating to employment, industrial relations, and labour market regulation in the law of the United Kingdom, including relevant dimensions of EC law and policy. The text introduces selected extracts from cases, statutes, reports, official statistics, and academic commentary and analysis. The book is designed to provide all the materials needed for courses in labour law or employment law. The text emphasises recent developments including the expansion of legal regulation, new forms of work, the integration of labour law with broader policies aimed at the enhancement of competitiveness and the prevention of social exclusion, equal opportunities and the protection of rights in the workplace, and new mechanisms for worker participation in decisions. Chapters include: Introduction to Labour Law; The Employment Relation; Equality of Opportunity; Protecting the Work/Life Balance; Dismissal; Human Rights and Labour Law; Collective Bargaining and Worker Representation; Trade Unions and their Members; Changes in the Business.
目次
- Part 1 Introduction to labour law: what is labour law?
- methods of regulation
- labour courts and dispute settlement
- transnational regulation
- prospects for labour law
- conclusion. Part 2 The employment relation: the contract of employment
- the wage-work bargain
- the organizational framework
- collective agreements
- authority and cooperation
- information
- the scope of employment regulation
- public sector workers and public law
- the adequacy of the contractual framework for employment. Part 3 Equality of opportunity: prohibited grounds of discrimination
- direct discrimination
- victimization
- indirect discrimination
- justifying discrimination
- positive discrimination
- prohibited discrimination
- sex discrimination in pay and contractual terms - the EqPA
- procedural and related issues. Part 4 Protecting the work/life balance: the regulation of working time
- part-time workers
- time-off rights
- parental leave
- minimum wage regulation
- the national minimum wage
- conclusion. Part 5 Dismissal: the common law of wrongful dismissal
- statutory concept of dismissal
- contracting out of statutory rights
- fairness of dismissal
- remedies for unfair dismissal
- rights and reasonableness. Part 6 Human rights and labour law: the European Convention on Human Right
- introduction to the Human Rights Act 1998
- political activities and the Human Rights Act
- workplace surveillance and the Human Rights Act
- whistleblowing - freedom of expression in the workplace?. Part 7 Trade unions and their members: trade unions and citizenship
- what are trade unions?
- trade union structure and government
- the election of trade union officers
- trade union members' rights
- disciplinary and expulsion procedures
- the adjudication of disputes
- conclusion. Part 8 Worker representation and trade union recognition: trade unions and collective bargaining
- trade union membership and activities
- trade union representation and the right to be accompanied
- trade union recognition and collective bargaining
- rights of recognized trade unions
- other forms of workplace representation. Part 9 Industrial conflict and the right to strike: a fundamental right
- the basis of legal liability
- trade dispute - defining the legitimate boundaries of trade union action
- restricting the boundaries of industrial action - secondary action and other restraints
- procedural restraints - ballots and notices
- picketing and demonstrations - reconciling conflicting freedoms
- remedies and liability -injunctions, contempt and damages
- sanctions against strikers - protected and unprotected action
- industrial disputes and the role of the state
- conclusion. Part 10 Restructuring the business: variation of jobs
- workforce reductions
- redeployment
- insolvency
- scales and the business
- worker participation
- controlling capital.
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