Documents Adams, Zoe 8 results

"Leximetric data coding techniques aim to measure cross-national and inter-temporal variations in the content of legal rules, thereby facilitating statistical analysis of legal systems and their social and economic impacts. In this article we explain how leximetric methods were used to create the CBR Labour Regulation Index (CBR-LRI), an index and related dataset of labour laws from around the world spanning the period from 1970 to 2013. Datasets of this kind must, we suggest, observe certain conventions of transparency and validity if they are to be usable in statistical analysis. The theoretical framework informing the construction of the dataset and the types of questions which it is are designed to answer should be made explicit. Then the choices involved in the selection of indicators, the definition of coding algorithms, and the aggregation and weighting of data to create composite measures, must be spelled out. In addition, primary legal sources should be referenced, and it should be clear how they were used to generate reported values. With these points in mind we provide an overview of the CBR-LRI dataset's main features and structure, discuss issues of weighting, and present some initial findings on what it reveals of global trends in labour regulation."

"ZHCs are highly profitable for employers, but lead to insecurity of income and low pay for workers. The authors point to rigidities in employment law and the operation of the tax-benefit system as being responsible for the rise in zero hours contracting.

Proposals to ban so-called exclusivity clauses are a red herring. Instead the authors propose reforms based on European examples including the reform of the UK's archaic rules on continuity of employment; changes to the benefit system, which currently encourage employers to offer short-hours, low-waged work and force individuals into accepting such work or lose benefits; and better use of new EU procurement laws which increase the scope for social issues to be taken into account when awarding public contracts."

"It has become widely assumed that the standard employment relationship (SER) is in irreversible decline in industrialized societies. However, non-standard and precarious work relationships often complement the SER via labour market transitions, and are not displacing it as the focal point of labour market regulation. The co-ordination and risk management functions of the SER continue to be relevant in market economies, and the SER is adjusting to new conditions. The SER has a complex and evolving relationship to gender and to social stratification. In the European context where the SER originated and achieved its clearest legal expression, institutional solutions to precariousness and inequality are being developed, the most innovative of which avoid simple deregulation in favour of integrated policy responses involving a range of complementary regulatory mechanisms."

"The Supreme Court in Hartley v King Edwards VI College (2017) has confirmed that an employee who refuses to work in accordance with his contract forfeits his right to be paid for the duration of the breach. The decision extends to professional employees paid a periodical salary the principle established in Miles v Wakefield MDC (1987). The present article sheds new light on these decisions by situating them within a broader debate concerning the function of the wage and the proper relationship between work and payment. Drawing on insights from economic theory, and engaging in a genealogical analysis of legal concepts, the article shows how this debate has, over time, conditioned the use of concepts such as the ‘wage', ‘the salary' and ‘remuneration' in legislation and case law concerning deductions. It shows that the legal concept of the ‘wage' is closely related to the economic idea of the wage as the price of a commodity, while the legal concepts of ‘salary' and ‘remuneration' are more closely analogous to the economic idea of the wage as the cost of subsistence. The courts' tendency to confuse these concepts, and to analyse the employer's power to deduct as a right to withhold wages for non-performance of the contract, tells us much about the implicit assumptions underpinning cases, such as Miles and Hartley, and how they have shaped the path of the law. "

"The authors use time series econometric analysis applying non‐stationary panel data methods to estimate the relationships between employment protection legislation and legal protection of different forms of employment (part‐time, fixed‐term and agency work), and economic outcomes, with a data set based on the Centre for Business Research Labour Regulation Index (CBR–LRI), covering 117 countries from 1970 to 2013. Findings suggest that these laws have become significantly more protective over time and that strengthening worker protection is associated with an increase in labour's share of national income, rising labour force participation, rising employment, and falling unemployment, although the observed magnitudes are small when set against wider economic trends."

"Cet article dresse une perspective historique de la régulation des VTC et des taxis au Royaume-Uni. Il insiste sur le fait que, si les pratiques commerciales des « nouvelles » entreprises de VTC, comme Uber, sont éminemment critiquables, notamment en matière de protection des travailleurs, le gouvernement et les tribunaux les ont activement autorisées et encouragées. En effet, ce sont eux, en dernier ressort, qui ont la capacité d'intervenir pour garantir que le secteur n'agisse pas seulement dans l'intérêt des grandes entreprises, mais aussi, plus fondamentalement, dans celui des travailleurs, des consommateurs et du grand public."

" This article seeks to demonstrate the potential contribution that a closer attention to structural factors can make to our understanding of some of the practical problems, such as the problem of personal scope, facing labour law today. This means engaging closely with questions about labour law's socio-economic function and, in turn, the socio-economic function of its juridical form. Having shown the importance of engaging with these issues, drawing on the works of Karl Korsch, Karl Renner and Evgeny Pashukanis for this purpose, the article shows how we can use this structural understanding of law, and labour law, to constructively inform our interventions in contemporary debates about labour law's personal scope."

"This article sets out the case for co-determination in the context of work, with a particular emphasis on why this is mandated in relation to algorithmically managed work and workplaces in particular. Having set out the theoretical case for collective regulation of algorithmic management that includes extensive rights of co-determination, focusing on the power relations implied by algorithmic management for this purpose, the article goes on to explore the current state of collective regulation of algorithmic management in the UK and in Germany. From here, it explores existing EU law mechanisms relating to algorithmic management, highlighting their limits and potential, and identifying how, and in what ways, the blueprint outlined by Adams-Prassl et al in this Special Issue might be further elaborated and improved. The article then presents certain proposals for how to establish conditions conducive to the introduction of co-determination in the EU, both generally and in relation to algorithmic technologies more specifically, while engaging critically with the potential and the limitations of legal, top-down—as opposed to bottom-up—mechanisms to achieve this end."