Human Rights in Labor and Employment Relations

Author: James A. Gross
Publisher: Cornell University Press
ISBN: 0913447986
Release Date: 2009
Genre: Political Science

The concept of human rights at work has advanced significantly in the last decade. The authors of the essays in Human Rights in Labor and Employment Relations focus in various ways on how the promotion and protection of human rights at workplaces here and around the world posit a new set of values and approaches that challenge every orthodoxy in the employment relations field, every practice and rule based in that orthodoxy, and even the underlying premises and intellectual foundations of contemporary labor and employment systems. The authors constitute a diverse and accomplished group of human rights activists, practitioners, and scholars. Implementing the theme of the volume, they address a wide range of important subjects: worker health and safety, child labor, worker freedom of association, migrant and forced labor, the human rights obligations of employers, workplace discrimination, and workers with disabilities. The authors also discuss the implications of their findings for labor and employment research and, where relevant, make pragmatic proposals for change. Contributors: Susanne M. Bruyére, Cornell University; Lance Compa, Cornell University; James A. Gross, Cornell University; Jeffrey Hilgert, Cornell University; Barbara Murray, International Labour Organization; Tonia Novitz, University of Bristol; Maria L. Ontiveros, University of San Francisco Law School; Edward E. Potter, Director of Global Workplace Rights, Coca-Cola Company and U.S. Employer Delegate, International Labour Organization Conference; Marika McCauley Sine, Global Stakeholder Engagement Manager, Coca-Cola Company; Rebecca Smith, National Employment Law Project; Burns H. Weston, University of Iowa

Workers Rights as Human Rights

Author: James A. Gross
Publisher: Cornell University Press
ISBN: 0801472628
Release Date: 2006
Genre: Political Science

Until recently, the international human rights movement and nongovernmental organizations, human rights scholars, and even labor organizations and advocates have given little attention to worker rights as human rights. James A. Gross finds, however, that employers, not just governments, have the power to violate workers' rights. Workers' Rights as Human Rights provides a new perspective on the assessment of U.S. labor relations law by using human rights principles as standards for judgment. The authors also present innovative recommendations for what should and can be done to bring U.S. labor law into conformity with international human rights standards. This volume constitutes a long overdue beginning toward the promotion and protection of worker rights as human rights in the United States.

The European Convention on Human Rights and the Employment Relation

Author: Filip Dorssemont
Publisher: A&C Black
ISBN: 9781782252115
Release Date: 2014-07-18
Genre: Law

The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

The Ethics of Human Resources and Industrial Relations

Author: John W. Budd
Publisher: Cornell University Press
ISBN: 0913447900
Release Date: 2005
Genre: Business & Economics

Moral philosophy, business ethics, and the employment relationship / John W. Budd and James G. Scoville -- The social welfare objectives and ethical principles of industrial relations / Bruce E. Kaufman -- Kantian ethical thought / Norman E. Bowie -- Non-western ethical frameworks: implications for human resources and industrial relations / James G. Scoville, John J. Lawler, and Xiang Yi -- Globalization and business ethics in employment relations / Hoyt N. Wheeler -- The technological assault on ethics in the modern workplace / Richard S. Rosenberg -- The ethics of human resource management / Elizabeth D. Scott -- Ethical challenges in labor relations / John T. Delaney -- Ethical practice in a corporation: the Allina case / Jonathan E. Booth, Ronald S. Heinz, and Michael W. Howe -- Ethical practice in a labor union: the UAW case / Linda Ewing -- The critical failure of workplace ethics / Gordon Lafer.

Are Worker Rights Human Rights

Author: Richard P. McIntyre
Publisher: University of Michigan Press
ISBN: 9780472050420
Release Date: 2008
Genre: Business & Economics

In a global economy, workers must assert their collective rights as workers in order to win human rights as individuals. By introducing Marxian and Institutional analysis, this book reveals the class relations and power structures that determine the position of workers in the global economy.

Individual Labour Rights as Human Rights

Author: Elena Sychenko
Publisher: Bulletin of Comparative Labour
ISBN: 9041186298
Release Date: 2017
Genre: Law

Bulletin of Comparative Labour Relations Volume 96 In recent years there has been a substantial debate over the interconnection between labour rights and human rights. Consequently, the jurisprudence of the European Court of Human Rights (ECtHR) concerning substantive individual labour rights, or 'rights at work', is coming to greater prominence at the national level throughout the forty-seven Member States of the Council of Europe. This is the first book in English to provide a thorough analysis of the Court's most recent case law - cases considered in the period from 1963 to 2016 - on fundamental employment rights such as the right to wages, protection from discrimination and unfair dismissal, the right to occupational safety at work, and civil liberties such as the freedom of association, the freedom of religion and expression, and the right to privacy. Drawing on close scrutiny of 347 cases since 1963, the author traces the evolutionary development of the Court's positions on labour rights as human rights through case analyses, commentary, and general conclusions in each of several categorical groupings. Recent trends are treated in substantial detail. Among the issues and topics raised are the following: interrelation of ECtHR case law and national labour rights protection; benefits for employees of reference to ECtHR case law in national proceedings; role of International Labour Organization conventions and of the European Social Charter in the Court's reasoning; application of balancing and proportionality test in relevant to labour law cases; public criticism of employer, disclosure of information, and standards of whistle-blowers' protection; and positive obligations of the State in the field of occupational safety and health. This book offers the most detailed and considered analysis available of how individual labour rights have been referred to in the human rights jurisprudence of the ECtHR. Given that the Court's positions have already changed certain aspects of some national labour laws, this peerless volume will prove indispensable for practitioners and scholars monitoring the growing applicability of human rights law in matters of labour and employment, especially in the areas of protection of wages, unjust dismissal, and occupational safety.

The employment relationship

Author: Janet Gaymer
Publisher:
ISBN: STANFORD:36105060784795
Release Date: 2001
Genre: Law

Written by the UK's pre-eminent employment lawyer, this indispensable work examines all aspects of the role of the employment relationship concentrating on the common law obligations of both employer and employee. It studies the policies and philosophies of the employment relationship - both academic and those emanating from the EU and from governmental bodies such as the DTI - responsible for shaping today's employment law landscape.* Considers the definition of 'employee' and 'worker' and the effect this has on the contractual relationship* Examines the Employment Relations Act 1999 which has dramatically changed the employment landscape* Looks at changing patterns of work, including part-time and flexible working and self-employment* Takes into account human rights and the employment relationship* Highlights the influence of EU legislation* Anticipates possible future developments

A Shameful Business

Author: James A. Gross
Publisher: Ilr Press
ISBN: UOM:39076002861677
Release Date: 2010-01
Genre: Business & Economics

In a book that confronts the moral choices that U.S. corporations make every day in the treatment of their workers, James A. Gross issues a clarion call for the transformation of the American workplace based on genuine respect for human rights, rather than whatever the economic and regulatory landscape might allow. Gross questions the nation's underlying fabric of values as reflected in its laws and our assumptions about workers and the workplace. Arguing that our market philosophy is incompatible with core principles of human rights, he forces readers to realign the country's labor policies so that they conform with the highest international human rights standards. To make his case, Gross assesses various aspects of U.S. labor relations—freedom of association, racial discrimination, management rights, workplace safety, and human resources—through the lens of internationally accepted human rights principles as standards of judgment. His findings are chilling. "Employers who maintain workplaces that require men and women and sometimes even children to risk their lives and endanger their health and eyes and limbs in order to earn a living are treating human life as cheap and are seeking their own gain through the desecration of human life," Gross argues, and such behavior should be considered as crimes against humanity rather than matters of efficiency, productivity, or morale. By revealing how truly unacceptable management's "best practices" can be when considered as human rights issues, A Shameful Business encourages a bold new vision for workers, whether organized or not, that would signify a radical rethinking of social values and the concept of workplace rights and justice in the courtroom, the boardroom, and on the shop floor.

Employment with a Human Face

Author: John W. Budd
Publisher: Cornell University Press
ISBN: 9781501722387
Release Date: 2018-07-05
Genre: Business & Economics

John W. Budd contends that the turbulence of the current workplace and the importance of work for individuals and society make it vitally important that employment be given "a human face." Contradicting the traditional view of the employment relationship as a purely economic transaction, with business wanting efficiency and workers wanting income, Budd argues that equity and voice are equally important objectives. The traditional narrow focus on efficiency must be balanced with employees' entitlement to fair treatment (equity) and the opportunity to have meaningful input into decisions (voice), he says. Only through a greater respect for these human concerns can broadly shared prosperity, respect for human dignity, and equal appreciation for the competing human rights of property and labor be achieved. Budd proposes a fresh set of objectives for modern democracies—efficiency, equity, and voice—and supports this new triad with an intellectual framework for analyzing employment institutions and practices. In the process, he draws on scholarship from industrial relations, law, political science, moral philosophy, theology, psychology, sociology, and economics, and advances debates over free markets, globalization, human rights, and ethics. He applies his framework to important employment-related topics, such as workplace governance, the New Deal industrial relations system, comparative industrial relations, labor union strategies, and globalization. These analyses create a foundation for reforming employment practices, social norms, and public policies. In the book's final chapter, Budd advocates the creation of the field of human resources and industrial relations and explores the wider implications of this renewed conceptualization of industrial relations.

Rights Not Interests

Author: James A. Gross
Publisher: Cornell University Press
ISBN: 9781501714269
Release Date: 2017-11-15
Genre: Political Science

This provocative book by the leading historian of the National Labor Relations Board offers a reexamination of the NLRB and the National Labor Relations Act (NLRA) by applying internationally accepted human rights principles as standards for judgment. These new standards challenge every orthodoxy in U.S. labor law and labor relations. James A. Gross argues that the NLRA was and remains at its core a workers’ rights statute. Gross shows how value clashes and choices between those who interpret the NLRA as a workers’ rights statute and those who contend that the NLRA seeks only a "balance" between the economic interests of labor and management have been major influences in the evolution of the board and the law. Gross contends, contrary to many who would write its obituary, that the NLRA is not dead. Instead he concludes with a call for visionary thinking, which would include, for example, considering the U.S. Constitution as a source of workers’ rights. Rights, Not Interests will appeal to labor activists and those who are trying to reform our labor laws as well as scholars and students of management, human resources, and industrial relations.

Labor law

Author: Michael C. Harper
Publisher: Aspen Publishers
ISBN: 0316325104
Release Date: 1996-01-01
Genre: Law


Employment and Human Rights

Author: Richard L. Siegel
Publisher: University of Pennsylvania Press
ISBN: 0812232119
Release Date: 1994
Genre: Political Science

In Employment and Human Rights: The International Dimension, Richard Lewis Siegel discusses the historical evolution of the right to employment as well as regional and global efforts to achieve full employment. In the first section of the book, he examines a wealth of material, from English radical pamphlets of the seventeenth century to the recent debates at the United Nations and the International Labor Organization, placing intellectual history in the broadest possible economic, political, and social contexts. In the second section, Siegel examines global and regional efforts in the present century intended to further the implementation of the right to employment. He traces the development of international cooperation and examines the reasons for the limited accomplishments, including a lack of consensus about the effectiveness of public policies; the politicization and strongly ideological nature of the international debates; and the turf and policy struggles within and among the highly influential intergovernmental organizations and national governments.

Changing Industrial Relations Modernisation of Labour Law

Author: Marco Biagi
Publisher: Kluwer Law International B.V.
ISBN: 9789041120083
Release Date: 2003-01-01
Genre: Law

Thirty-three distinguished authorities in the field of labour and industrial relations law gather here to enhance and complement the work of the late Marco Biagi, a man who, at the time of his violent and untimely death, had shown himself to be the most insightful and committed international scholar in this complex and controversial and, as it proved, even dangerous field. The topics covered range over many of Professor Biagi's special interests, including the following: the formulation of a new basis for labour law that could resolve new issues; employee protection in corporate restructuring; the trend toward individual 'enterprise bargaining'; a new European employment policy and what it might entail; the growing phenomenon of 'flexibilisation'; the effects of an aging workforce; the crucial nexus of free trade, labour, and human rights; the promise of EU enlargement; and protection of part-time workers. There is a lot of insight, innovation, and just clear thinking in this wide-ranging and far-reaching book. It will be of exceptional value to scholars, lawyers, and others concerned with the extensive and unpredictable changes under way in today's world of work.