EXPLOITED, UNDERVALUED - AND ESSENTIAL: DOMESTIC WORKERS AND THE REALISATION OF THEIR RIGHTS

EXPLOITED, UNDERVALUED - AND ESSENTIAL: DOMESTIC WORKERS AND THE REALISATION OF THEIR RIGHTS
Title EXPLOITED, UNDERVALUED - AND ESSENTIAL: DOMESTIC WORKERS AND THE REALISATION OF THEIR RIGHTS PDF eBook
Author Darcy du Toit
Publisher PULP
Pages 388
Release 2013-11-18
Genre Civil rights
ISBN 1920538208

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Millions of domestic workers experience exploitation in the privacy of their employers’ homes; also in South Africa they are to a large extent beyond the reach of legal protection. This book sums up four years of research on ways of realising their rights. It highlights their essential role, both as care-givers and in enabling their employers to work outside the home. Against the background of the Constitution and international law it examines ways of adapting the legal framework as well as alternative mechanisms, including new forms of organisation, for translating basic rights into effective regulation.

Everyday Transgressions

Everyday Transgressions
Title Everyday Transgressions PDF eBook
Author Adelle Blackett
Publisher ILR Press
Pages 302
Release 2019-04-15
Genre Law
ISBN 1501715771

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The book's breadth and grounding in labor law make it most accessible and useful to a professional audience, but even nonspecialists and lay readers will appreciate Blackett's insights about law and domestic work and provocative issues such as social stratification and immigration.― Choice Adelle Blackett tells the story behind the International Labour Organization's (ILO) Decent Work for Domestic Workers Convention No. 189, and its accompanying Recommendation No. 201 which in 2011 created the first comprehensive international standards to extend fundamental protections and rights to the millions of domestic workers laboring in other peoples' homes throughout the world. As the principal legal architect, Blackett is able to take us behind the scenes to show us how Convention No. 189 transgresses the everyday law of the household workplace to embrace domestic workers' human rights claim to be both workers like any other, and workers like no other. In doing so, she discusses the importance of understanding historical forms of invisibility, recognizes the influence of the domestic workers themselves, and weaves in poignant experiences, infusing the discussion of laws and standards with intimate examples and sophisticated analyses. Looking to the future, she ponders how international institutions such as the ILO will address labor market informality alongside national and regional law reform. Regardless of what comes next, Everyday Transgressions establishes that domestic workers' victory is a victory for the ILO and for all those who struggle for an inclusive, transnational vision of labor law, rooted in social justice.

Social Security Outside the Realm of the Employment Contract

Social Security Outside the Realm of the Employment Contract
Title Social Security Outside the Realm of the Employment Contract PDF eBook
Author Mies Westerveld
Publisher Edward Elgar Publishing
Pages 297
Release 2019
Genre Law
ISBN 1788113403

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All over the world countries face the challenge of inadequate social security coverage for workers without an employment contact. In countries of the global south, this phenomenon is a natural consequence of large informal economies. Countries in the global north increasingly witness the same issue, due to growing labour market flexibility (flex contracts, dependent self-employment, digitization of labour). In this book authors from both hemispheres exchange insights, experiments and practices with the intention of finding better ways to deal with the social security challenges facing workers.

Research Handbook on Transnational Labour Law

Research Handbook on Transnational Labour Law
Title Research Handbook on Transnational Labour Law PDF eBook
Author Adelle Blackett
Publisher Edward Elgar Publishing
Pages 603
Release 2015-09-25
Genre Law
ISBN 178254979X

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The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.

Labour Law and Social Progress

Labour Law and Social Progress
Title Labour Law and Social Progress PDF eBook
Author Roger Blanpain
Publisher Kluwer Law International B.V.
Pages 446
Release 2016-04-22
Genre Law
ISBN 904116748X

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For forty years the international watchword has been deregulation of labour law and of social security. Now, however, the rise in unemployment and lack of employment security, the dizzying inequality gulf, and the environmental disasters and mass migrations caused by this deregulation are generating an impetus that defines social justice no longer merely in terms of the equitable distribution of resources, but also – and often primarily – in terms of the just recognition of persons. This collection of incisive essays recognizes that the growing interdependence of all of the people of the earth demands that labour rights are understood as an aspect of human rights, and thus envisaged at the international level. Contributions by twenty outstanding labour law scholars from a range of countries worldwide provide in-depth analysis of such aspects of the debate as the following: – collective action in the interests of market effectiveness as well as fair outcomes for workers; - right to strike; - resilience of trade unions and collective bargaining as mechanisms of labour market regulation; - importance of national policy, despite the influence of global market forces, in shaping national outcomes; - work as the locus of the relationship between humans and nature; - search for a legal foundation for corporate social responsibility; - litigation as an alternative to collective bargaining; - the role of collective labour relations for immigrants and disabled people; - lessons that developed countries could learn from mechanisms pioneered in developing countries in coping with conditions of austerity; and - the trap of soft law and of declarations of intent that weigh lightly in the face of the power of the interests at play in international trade. The essays take stock of the dimensions of the current situation and also explore paths leading to a better achievement of social justice in labour law. These essays recognize that economic development and the pursuit of social justice are interwoven in a quest for social progress that includes mechanisms designed to eliminate unjustifiable inequality. For lawyers and other parties committed to the emerging political will to not only respect fundamental rights, but more broadly improve labour and environmental protection, this book opens abundant avenues that can be pursued in practice and in policy. The volume is based on a selection of papers presented at the 21st World Congress of the International Society for Labour and Social Security Law in Cape Town in 2015.

The Politics of Citizenship in Indonesia

The Politics of Citizenship in Indonesia
Title The Politics of Citizenship in Indonesia PDF eBook
Author Eric Hiariej
Publisher Springer Nature
Pages 296
Release 2022-02-10
Genre Political Science
ISBN 981167955X

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This book highlights the gains that a citizenship approach offers to the study of democracy in Indonesia, demonstrating that the struggle for citizenship and the historical development of democracy in the country are closely interwoven. The book arises from a research agenda aiming to help Indonesia’s democracy activists by unpacking citizenship as it is produced and practiced through movements against injustice, taking the shape of struggles by people at grassroots levels for cultural recognition, social and economic injustice, and popular representation. Such struggles in Indonesia have engaged with the state through both discursive and non-discursive processes. The authors show that while the state is the common focal point, these struggles are fragmented across different sectors and subject positions. The authors thus propose that developing chains of solidarity is highly important to motivating a democracy that not only has sovereign control over public affairs, but also robust channels and organisations for political representation. In advocating the development of transformative agendas, organisations, and strategies as an important need, and an enduring challenge, for the realization of citizenship, this book is timely and relevant to the study of contemporary Indonesia's socio-political landscape. It is relevant to students and scholars in political science, anthropology, sociology, human geography and development studies.

International Labour Standards and Platform Work

International Labour Standards and Platform Work
Title International Labour Standards and Platform Work PDF eBook
Author Mathias Wouters
Publisher Kluwer Law International B.V.
Pages 585
Release 2021-11-25
Genre Law
ISBN 9403540419

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Platform work – the matching of the supply of and demand for paid labour through an online platform – often depends on workers who operate in a “grey area” between the archetype of an employee and a self-employed worker. This important book explores the utility of the International Labour Organization’s existing standards in governing this phenomenon. It indicates that despite their relevance, many standards have little or no impact. The standards apply to the issue but they fail to connect with it. The author shows how three ILO conventions – the Home Work Convention, 1996 (No. 177), the Private Employment Agencies Convention, 1997 (No. 181), and the Domestic Workers Convention, 2011 (No. 189) – can be revitalised to have an impact on the platform work debate. In the course of the analysis he responds in depth to such questions as the following: What are digital labour platforms? What does decent work mean? Did the ILO centenary fundamentally change anything? What is the link between private employment services and platform work? How do crowdworkers relate to homeworkers and teleworkers? Are platform workers engaged in domestic work? What form could a future ILO standard on platform work take? Given that the ILO plans to start discussions on a potential future standard for platform work in 2022, this book will prove very useful in highlighting the issues and standards that such discussions should consider. Research has shown that the techniques and tools of the platform economy have spread far beyond gig work, resulting in widespread “gigification” and restructuring of workplace behaviours and relationships, jobs, and communities across the world. For this and other reasons, including the book’s detailed analysis of issues not addressed elsewhere, labour lawyers, in-house counsel, researchers, and policymakers will gain valuable insight into what decent work in the platform economy would require, thus greatly broadening the discussion on this difficult-to-regulate phenomenon.