In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related from a social policy point of view. In order to make a substantial contribution to the discussion on these developments a group of noted European labour law scholars has undertaken the research assembled in this book, recommending labour law reforms based on a close examination of existing conditions. The eight authors analyse measures and legal instruments offered by the European Union and the ILO to cover persons performing personal work, as well as specific developments in Belgium, France, The Netherlands, Poland, Germany, and the United Kingdom. In each case they describe viable ways in which categories of persons not treated as employees can be brought under the protection of labour law and how the distinction between employees and self-employed can become more clear. In a concluding final Chapter comparative conclusions are drawn on the basis of this study and recommendations are given to the EU, the ILO and the individual Member States. Among the specific issues covered are the following: * redefining the subordination criterion; * the role of the courts; * determination of the contract of employment; * forms of labour involving more than two contracting parties (e.g., employment agency arrangements); * the legal position of temporary workers; * 'employee-like' persons, e.g., home-workers or commercial representatives; * the 'bogus' self-employed; * introduction and effect of legal presumptions in labour law and/or social security; * developing uniform criteria for the employment relationship; * criteria for identifying self-employed but economically-dependent workers; * extension of protection of labour law to persons other than employees or the self-employed; and * social rights applicable to all work contracts irrespective of their formal qualification; * floor of core rights. This study seriously contributes toward overcoming the reluctant and piecemeal measures commonly taken to extend the protection of the employment contract. Although the authors acknowledge the continuing tension between labour law protection and the need for a flexible workforce, they also recognize the positive effects of best practices that lead to more certainty, fewer disputes, and clear (but still flexible if necessary) agreements. The book will be warmly welcomed as a signal contribution to addressing what one labour law scholar has called 'the most important industrial relations issue of our time.'

For business investors in China, the legal handling of trade secrets is often crucial. However, initiatives are often complicated by a patchwork trade secrets protection system – pieced together haphazardly over the last two decades and drawing on disparate elements of competition law, contract law, employment law, and criminal law – that diverges in significant ways from global standards and corresponding regimes in other countries. Now at last interested parties can benefit richly from a thorough and practical approach to the subject. This detailed analysis of China’s trade secrets law provides in-depth information and guidance on such important factors as the following: the current framework of China’s trade secrets law, its past development and its ongoing trends; legal comparison of China’s trade secrets law with various international, regional, and national schemes; what constitutes trade secrets infringement in China and what remedies are available; and the legal interaction in China between employment relations and trade secrets protection. The author pays close attention to judicial practice and precedent in the areas of civil remedies, criminal punishment, and administrative penalties. She also offers insightful proposals formulated to align China’s trade secrets law more efficiently with prevailing global standards and generally improve the mechanisms for its implementation. Corporate counsel and international lawyers concerned with intellectual property rights or labour law in China will greatly appreciate the knowledgeable guidance this book affords. They will gain a deeply informed perspective that allows them to avoid infringement, to battle it effectively if occasion arises, and to plan dispute resolution strategies for contingencies involving trade secrets protection in China.

An ILO code of practice

Whether through gig work, remote work, or platforms such as Uber, new technologies are reshaping the very fabric of employment relations. This handbook offers a comprehensive, international overview of how institutions, countries, and legal systems are responding to the technological disruption of the work world. Chapters outline the reform agendas driven by the International Labour Organization and the European Union and detail the public policy debates, litigation, and legal reforms that technological innovation has triggered around the world. This volume provides a post-pandemic assessment of how digitalization is affecting employment and employment relations and contextualizes current technological disruption with a long-term view of how labour and employment law could evolve further.

This book reflects and intimate discusses various topics and issues concerning to legal studies and its development in Indonesia and Global perspective. This book is dedicated to all legal practitioners and scholars around the world that have been presented their best works and ideas in the 3rd ICILS International Conference, 2020, held by Faculty of Law Universitas Negeri Semarang, Indonesia in July 2020 by Online Conference System. The 66 full papers presented were carefully reviewed and selected from 105 submission. The paper reflects the conference sessions as follow: Law and Technology, Private and Commercial Law, Law and Politics, Public Law, Comparative Law, and other related issues on legal development, including Law Tech and Human Behavior. The 3rd ICILS International Conference 2020 also co-hosted by Jayabaya University, Jakarta and University of Muhammadiyah Malang.

One of the New York Post's Top 10 Career Books of 2012 and a Booklist Top 10 Business Book DO YOU WORK WITH A MEAN GIRL? A woman’s field guide to the new frontier of professional development—working with other women Women-to-women relationships in the workplace are . . . complicated. When they’re good, they’re great. But when they’re bad, they can ruin your day, your week—even your year. Packed with proven advice from two of today’s leading experts in workplace relationships, this one-of-a-kind guide gives women the tools they need to navigate difficult situations unique to women-to-women relationships—whether with a boss, a colleague, a client, or an employee. Have you dealt with a woman in the workplace who: “Accidentally” excludes you from important meetings? Seems intent on taking you down professionally? Gossips about you with other coworkers? Makes you look bad by missing deadlines? Forms a “pack” of mean girls to make your life miserable? Mean Girls at Work isn’t just about surviving difficult situations. It’s about transforming a toxic relationship into one that benefits and supports both of you. This book is also for women who engage in mean behavior . . . but don’t know it. After all, who hasn’t gossiped about a female coworker? Who hasn’t rolled her eyes in the presence of a woman she doesn’t like? Who hasn’t scanned another woman head to toe—which is just a nonverbal way of saying, “You’ve just been judged”? The authors provide invaluable advice to the more subtle ways of being mean—even if they’re not intended. With a workforce composed of a higher percentage of women than ever, workplace dynamics have changed. Crowley and Elster cover every conceivable scenario, providing critical advice on how to rise above the fray and move forward professionally. Mean Girls at Work is your map to dodging the mines and moving forward in today’s transformed workplace. Praise for Mean Girls at Work “An invaluable suit of armor for surviving nine to five!” —Leil Lowndes, bestselling author of How to Talk to Anyone “If you think the emotional cruelty of comedies like Mean Girls and Heathers doesn’t exist in the real world workplace, think again. In Mean Girls at Work, Katherine Crowley and Kathi Elster valuably chronicle female vs. female predators and offer solid defensive strategies.” —Ann Kreamer, author of It’s Always Personal: Navigating Emotion in the New Workplace “Whether you are in your twenties and just starting your professional career, your midcareer forties, when you are supposed to have figured it out already, or a woman in her fifties or sixties who’s seen it all—this book is a must-read. . . . The authors have finally given women the tools and the sound advice necessary to deal with . . . conflicts that keep us all from succeeding. . . . Carry this book with you to work every day!” —Carolyn Cassin, President, Michigan Women’s Foundation “A must-read for women of all ages in today’s workforce. This book offers what we all need to develop the capacities to endure this ever-changing workplace. We know it is all about relationships and you need the skills outlined in this book to survive and thrive when the Mean Girls attack.” —Kim Harrington, Coordinator, Professional Development and Training, Office of Human Resources, California State University, Sacramento