At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.
Introduction A: Fundamentals 1: Simon Deakin: Anthropogenic Labour Law: The Coevolution of Law and Work 2: Harry Arthurs: A Rose by Any Other Name: Work Law as the Law of Power 3: Brian Langille: The Contractual Lens 4: Supriya Routh: Postcolonialism and Labour Law 5: Tian Yan: The Development of the Law of Work in China 6: Adrian Goldin: The Development of the Law of Work in Latin America 7: Attila Kun: The Law of Work in Post-Socialist European Countries 8: Hugh Collins: Traditional Justifications of Labour Law 9: Virginia Mantouvalou: Advancing Human Rights, Capabilities, and Non-Domination at Work 10: Kate Andrias: Labour and Democracy 11: Stewart Schwab: Monopsony, Sticky Workers, and Bargaining Power 12: Hugh Collins: The Many Ideas of Labour Law 13: Guy Davidov: The Concept of Employee 14: Giovanni Gaudio & Jeremias Adams-Prassl: The Concept of the Employer 15: Antonio Aloisi & Miriam Cherry: Tertium Non Datur: Intermediate Employment Categories 16: Alan Hyde: Labour Law in Supply Chains 17: Kamala Sankaran: Informality at Work - Towards a Law of Livelihoods? 18: Andrew Stewart & Rosemary Owens: Work at the Intersection of Employment, Education, Training, and Volunteering B: Core Concerns of the Law of Work 19: Joellen Riley Munton: The Managerial Prerogative and Variation of the Employment Contract 20: Kevin Banks: Good Faith Obligations in Employment Law 21: Mia Rönnmar: Fixed-Term and Zero-Hours Contracts 22: Kenneth Dau-Schmidt & Jozie Barton: Non-Compete Covenants 23: Cynthia Estlund: Waivability of Employment Rights: New Frontier or Road to Perdition? 24: Matthew Dimick: The Minimum Wage 25: Anne Davies: Working Time 26: Julia López López & Eusebi Colàs-Neila: Parental and Sick Leave: Talking About Inclusive Solidarity 27: Takashi Araki: Dismissals 28: Eric Tucker: Regulating Health and Safety in Capitalist Workplaces 29: Tess Hardy: Detection and Enforcement of Work Law Violations 30: Alan Bogg: Freedom of Association 31: David Doorey: Comparative Collective Bargaining 32: Flávia Máximo: The Right to Strike and Other Collective Actions 33: Frank Henderickx, Ilda Durri & Charalampos Stylogiannis: Worker Participation in the Enterprise 34: César F. Rosado Marzán: Alt Labour and Worker Centres 35: Llezlie L. Green: Race and the Workplace 36: Sophie Robin Olivier: Discriminations Concerning Hiring and Firing 37: Sandra Fredman: Effects-Based Discrimination: Beyond the Mirage? 38: Mark Bell: Accommodations 39: Hiroyo Tokoro: Equal Pay 40: Debbie Collier: Protection From Sexual Harassment 41: David Yamada: Protection Against Bullying 42: Alysia Blackham: Age Discrimination and Mandatory Retirement 43: Prabha Kotiswaran: Trafficking, 'Modern Slavery', and Forced Labour 44: Marta Otto: Privacy at Work and the Right to Private Life Outside Work 45: Catherine Fisk: Freedom of Speech at and Away from Work C: International and Transnational Law of Work 46: Anne Trebilcock: The International Labour Organization and its Conventions 47: Marlese von Broembsen: The 'Decent Work' Agenda and the Developing World 48: Lance Compa: Trade Agreements and Labour Law 49: Adriana Topo: Transnational Unions and Labour Framework Agreements 50: Thierry Galani Tiemeni: Corporate Social Responsibility and Corporate Codes of Conduct 51: Janelle Diller: Multi-Stakeholder Initiatives (MSIs) and the Law of Work 52: Manoj Dias-Abey: Building Less Precarious Futures for Non-Citizen Workers 53: Vladimir Bogoeski: Posted Workers: Three Transformations of the European Posted Worker D: Overarching Themes 54: Veena Dubal: The Legal Uncertainties of Gig Work 55: Valerio De Stefano: Online Work 56: Pauline T. Kim: Artificial Intelligence, Big Data, Algorithmic Management, and Labour Law 57: Shelley Marshall: Debates About the Role of Labour Law in Development 58: Tonia Novitz: A Sustainable Law of Work? 59: Ana Virginia Moreira Gomes & Anil Verma: Labour in the Time of Covid 60: Guy Mundlak: Six Paths for the 'Future of Work' Labour Law
Guy Davidov, Elias Lieberman Professor of Labour Law, Hebrew University of Jerusalem, Brian Langille, Professor of Law, University of Toronto, Gillian Lester, Dean and Lucy G. Moses Professor of Law, Columbia Law School
