The Labour Code of the Republic of Lithuania was enacted on 4 June 2002. However, the practice of ten years has shown that even the systematisation of this branch of law by means of codification could not help avoiding gaps in labour law. The Lithuanian labour law system balances on the brink of flexibility, liberalisation and stability. The purpose of this article is to examine the legal side of this problem and to evaluate the quality of legal (...) regulation of labour relations, also to propose instruments and means to improve them. The main aim of the article is to show the difference between gaps in labour law and some similar (contiguous) legal phenomena that will also be discussed in the article. (shrink)

This paper provides an analysis of the complex global reproduction networks driving the rapidly expanding cross-border surrogacy industry in Asia’s reproductive bioeconomy. It sheds light on the unique features of informal surrogacy networks, notable for their flexible business ties and non-standardized surrogate mother recruitment. These factors contribute to heightened vulnerability for surrogate mothers operating within these networks. While previous literature has underscored the merits of labor law in regulating the surrogacy industry, its application in informal cross-border surrogacy remains under-examined. To (...) address this gap, this research delves into innovative labor law strategies with potential to better regulate the surrogacy sector. Drawing inspiration from progressive labor regulations and supply chain strategies in Bulgaria and Australia, the proposed model aims to redefine the traditional employment relationship. This shift is aimed at bolstering protection for surrogate mothers and enforcing accountability throughout the surrogacy business network. The model further advocates for a collective framework that fosters collaboration and mandates the documentation and registration of surrogacy contracts. Moreover, it underscores the critical significance of international collaboration in bridging regulatory gaps and distributing accountability across consumer and supply states. (shrink)

A large number of legal rules create an obligation to prevent, repair or otherwise mitigate damage to human health or the environment. Many of these rules require that a legally relevant causal relation between human behaviour and the damage at issue is established, and in the establishment of causal relations of this kind scientific information is often pressed into service. This thesis examines this specifically legal use of scientific information. It shows that many legally relevant causal relations cannot be established (...) in this way. It also shows that the legal strategy for dealing with epistemic difficulties by relaxing the standard of proof is of limited value in tackling this problem. Consequently, the legal rules focused upon are less efficient tools for combating damage to human health and the environment than their appearances suggest. Other legal means to achieve this aim should therefore be considered. The thesis begins by presenting a framework which can be used to solve some important problems with communication and the division of labour that arise when scientific information is used to answer legal questions. This framework recognizes both epistemological and ontological differences between law and science. The latter are differences between the kinds of entity which are relevant in distinct theoretical contexts; the former, by contrast, are differences between applicable standards of proof. In subsequent parts of the thesis this framework shapes the discussion of the question: To what extent can legally relevant causal relations, involving legally significant entities, be established through the application of scientific information about other, scientifically relevant entities and legal standards of proof. The thesis concludes with a discussion of some of the ways in which the legal regulation could, potentially, be adapted, so as to counteract damage to human health and the environment more efficiently. (shrink)

Semiotics provides the tools for studying the process of decoding law, one of the most important tasks in the daily work of courts. The semiotic review of juridical interpretation and gap filling concludes that in juridical and semiotic methodology the same question—how a norm is interpreted—is answered from different perspectives. According to the semiotic model proposed in the current paper, juridical interpretation can be structured into three levels: intra-, inter- and supranormative sign-process. For legal theory semiotics can highlight the similarities (...) in the interpretation of norms and gaps. In gap filling the iconic, indexical and symbolic relations compensate for the missing of intranormative semiosis. The applicability of the proposed model is tested on an example of case law. Semiotic investigation of the judgements of Supreme Court of Estonia and European Court of Human Rights shows that semiotics gives a well structured picture of the juridical interpretation process. (shrink)

This paper argues for the contemporary significance of the ‘Critique of Violence’ by proposing a Benjaminian reading of two important analyses of the relationship between history, politics and the Rights of Man: Hegel’s account of the French Revolution and the concept of dissensus proposed by Jacques Rancière. For both Hegel and Rancière, the gap between right and reality – between the ideal of equality, for example, and the existence of concrete inequality – does not warrant a rejection of the Rights (...) of Man. Rather, the gap is a constitutive condition of law and political rights. From the perspective of Benjamin’s ‘Critique of Violence’, however, these analyses serve to perpetuate a bourgeois legality, one that both Hegel and Rancière acknowledge can never be realized due to the constitutive discrepancy between right and reality. In preserving the promise of legal equality, these analyses preclude the possibility of a suspension or ‘absolution’ from law. This suspension of law is a task that Benjamin identified with the proletarian general strike, a strategy whose pure violence is supposed to secure what Benjamin described, enigmatically, as a ‘wholly transformed work’. Remarkably, however, the relationship between the suspension of law in a general strike and a total transformation of labour is never clearly defined in the ‘Critique’. This paper will develop an account of this relationship by pursuing the references to Marx’s critical theory of capitalism in Benjamin’s writings. (shrink)

ASEAN agricultural workers represent one of the most vulnerable groups of workers regardless of citizenship. While bilateral agreements focus on general migration governance mechanisms, the specifics of agricultural workers’ rights and protections fall outside their scope. Due to the seasonal nature of cross-border agriculture, these are flexible precarious workers readily available to employers in the borderlands that often do not invest in worker health and social security. The Article reveals how foreign migrant agricultural workers with and without work permits continue (...) to fall between the gaps of national labor protection laws, due to both legal structural exclusions as well as the particular vulnerabilities of being noncitizen workers in remote, unsafe workplaces. This Article documents some of the developments during 20172019 in migrant employment in export cash crops. The next challenge for the future is developing mechanisms for bilateralism to lower migration costs, with a commitment to genuinely safe migration, as well as the establishment of long-term equitable working conditions for all migrant workers. The major findings demonstrate how the two main reasons for the discrepancies between the BLA and labor protections have to do with the noninterventionist approach of ASEAN and a series of technical exclusions in Thailand’s labor law and regulation. (shrink)

Over the last 20+ years, globalization has made international trade and investment more efficient and productive. In the absence of coordinated global regulatory regimes, it has also made multinational corporations (MNCs) impervious to social concerns in the countries where they operate. There is considerable debate in the academic, political, and business arena as to the causes of the apparently inequitable distribution of benefits between labor and capital. Notwithstanding, the relative merits of this debate, and facing tremendous societal pressure, companies have (...) adopted voluntary codes of conduct to ensure that workers making products for them in poor and developing countries are protected from hazardous working conditions and receive wages that meet local laws and market conditions. These codes, however, suffer from a lack of credibility and proof of substantive compliance. A new type of nongovernmental organization (NGO) has emerged that monitors a company's compliance with prespecified standards and provides assurance to the external stakeholders that the company has fulfilled its voluntary obligations. From an historical perspective, this has been an innovative phenomenon where the monitoring organization purports to act as an honest broker to ensure all concerned that the company/industry has fulfilled its obligations. In this article, we undertake a thorough examination of two such organizations, that is, Fair Labor Association, and Social Accountability International, that have played a pioneering role in bridging the gap between societal expectations and corporate performance. We examine their governance structures, operating procedures, monitoring standards, and public disclosure of findings, and above all, their success in improving the level of corporate compliance with their self‐created codes or standards. Unfortunately, our findings and conclusions are disappointing. In our view, the two groups have mostly failed to meet their avowed goals. Rather than using their NGO status to help companies improve their code compliance, they have suffered from managerial capture and have been reduced to corporate apologists. (shrink)

The question of who is covered by labour law is highly contested and often debated. This article addresses several problems related to the coverage question, and employs some novel concepts as an aid to better understand and analyse these problems. It begins by explaining the different aspects of labour law coverage and how all the branches of government are involved in setting it. It is then argued that we are currently facing a major coverage crisis in labour (...) law. The concepts of universalism and selectivity, long used in the welfare state literature to describe possible methods for the delivery of benefits in terms of their coverage, are introduced and adapted to the labour law context. The article then proceeds to make several arguments by using this new framework. Firstly, a descriptive-historical argument: during the 20th century there was a development from selectivity to universalism in labour law, and then back to selectivity of a different kind . Secondly, a normative argument: a balance must be struck between universalism and selectivity. Several proposals are offered to assist in achieving a better balance compared to the current situation in many countries. Finally, a critical argument: some proposals to ‘expand’ labour law beyond the confines of the employment relationship are considered, showing the dangers of extreme universalism. (shrink)

The article describes the evolution of problems in the Lithuanian labour law and labour law science since the re-establishment of independence in 1990. Three periods of evolution are presented: the Soviet period (lasted until 1990), the transitional period (1990- 2004) and the period of the Labour Code (2003 and onwards). During the Soviet period, the Code of Labour Laws regulated employment relationship in strict detail as the main employer was the state itself. Good reflections of that (...) period can be pointed out: active (but forced) collective bargaining, single tariff system that implemented equal treatment in the field of remuneration for work and fluent performance of enforcement of labour laws (legal clarity). During the transitional period, new labour laws were introduced and tuned-up with international labour standards (ILO), but in general there were no essential changes in practice. During all that period, the Lithuanian Labour Code was drafted and came in force in 2003. The period of the new Labour Code started together with the European integration and had to bring new trends of the European labour market into Lithuanian practice. The government and academics brought few initiatives for the liberalisation of labour laws but most of them were stuck in the stage of consulting with social partners (Tripartite Council). Nevertheless, 22 years after the collapse of command economy labour laws incompatible with free labour market still dominate. It is obvious that the Lithuanian Labour Code is outdated and needs general reconstruction. Scientific researches and the EU Council recommendations call for the introduction of flexibility, implementation of flexicurity aiming for full integration into the single European labour market. Some strict labour code rules are prevented from functioning in practice. The courts are forced to derogate from disproportionate and improper articles of the Labour Code. The author brings some of the existing problems of labour law into light and proposes their possible solutions. The existing crisis of labour law could be solved by drafting a new Labour Code with the help of academic researchers and by introducing it directly to the Parliament for adoption. (shrink)

The mismatch between goals and means is a major cause of crisis in labour law. The regulations that we use - the legal instruments and techniques - are no longer in sync with the goals they are supposed to advance. This mismatch leads to a problem of coverage, where many workers who need the protection of labour law are not covered by it, as well as a problem of obsoleteness, as labour laws are not sufficiently updated in (...) light of dramatic changes in the labour market. Adopting a purposive approach to interpretation and legislative reform, this volume addresses this crisis of mismatch. It first articulates the goals of labour law, both general and specific, through an in-depth normative discussion and a consideration of critiques. The book then proceeds to reconsider our means, asking what we need to change or improve in the laws themselves in order to better advance the goals. Some of the proposed solutions are at the level of judicial interpretation, others at the legislative level. The book offers several examples for the way a purposive analysis should be performed in concrete cases. It also recommends institutional structures that are suited to ongoing adaptation of the law to ensure that our goals are advanced even when circumstances frequently change. Finally, in response to the crisis of enforcement in this field, which frustrates the achievement of labour law's goals, several proposals to improve compliance and enforcement are considered. (shrink)

The emergence of so-called ‘gig work’, particularly that sold through digital platforms accessed through smartphone apps, has led to disputes about the proper classification of workers: Should platform workers be classified as independent contractors (as platforms typically insist), or as employees of the platforms through which they sell labor (as workers often claim)? Such disputes have urgency due to the way in which employee status is necessary to access certain benefits such as a minimum wage, sick pay, and so on. (...) In addition, classification disputes have philosophical significance because their resolution requires some foundational account of why the law should make a distinction between employed and freelance workers in the first place. This paper aims to fill this foundational gap. Central to it is the idea that employment involves a worker ceding certain freedoms in return for a degree of security, at least with respect to income. Insofar as the misclassification objection has force against digital platforms, it is when a platform is attempting to have it both ways: Workers are giving up freedom but not being granted a proportionate increase in security. As I shall explain, this approach offers some flexibility as to how actual disputes might be resolved – justice may be indifferent between whether platforms offer greater security or permit workers greater freedom, provided they do at least one of these things. (shrink)

This Article discusses BLAs as tools of global labor migration governance, with a specific focus on gender. Drawing on our global database of 582 bilateral labor migration agreements, we investigate the extent to which these governing instruments connect and align with relevant international normative frameworks, in particular the extent to which they represent gains, gaps or gaffs in terms of gender equality and the human and labor rights protection of women migrants. In the context of the Global Compact for Safe, (...) Orderly and Regular Migration, which stresses a gender-responsive approach to migration governance as one of its guiding principles, we ask: Do the BLAs which are increasingly being used as instruments to govern labor migration contribute toward sustainable gender equality, decent work and reduced inequalities for women and gender-diverse migrants? (shrink)

The article deals with the impact of the recent jurisprudence of the European Court of Human Rights (ECHR) on the German labour law practice. After a brief introduction of the general importance of the jurisprudence of the ECHR for the German labour law (I.), the authors illustrate the German and the ECHR’s jurisprudence on the duty of loyalty towards the ecclesiastic employer (II.) and whistle blowing (III.). Analysing this jurisprudence, the authors come to the conclusion that the ECHR (...) approved the principles of the German jurisprudence in these cases. Therefore, its impact on the practice will be rather marginal as it does not obtain such a far-reaching significance that a change in the jurisprudence regarding dismissals is to be expected. The judgements merely raised the awareness for the set of problems in the context of ecclesiastic employers and whistle blowing. In this regard, the article will try to provide the reader with basic directions on how to deal with this jurisprudence. Finally, the authors argue that concerns, the ECHR could evolve into a further instance reviewing all German judgements not only regarding the question if there is a violation of the Convention or not but regarding the correctness of the findings are unfounded. On the other side, the article addresses the problem that – apparently – applications have been declared admissible by the ECHR despite Art. 35 para. 1 of the European Convention on Human Rights because the final decision on the national level – dismissing the complaint as inadmissible – did not reveal the reason why the application did not succeed. (shrink)

The possible future use of lethal autonomous weapons systems (LAWS) and the challenges associated with assigning moral responsibility leads to several debates. Some authors argue that the highly autonomous capability of such systems may lead to a so-called responsibility gap in situations where LAWS cause serious violations of international humanitarian law. One proposed solution is the doctrine of command responsibility. Despite the doctrine’s original development to govern human interactions on the battlefield, it is worth considering whether the doctrine of command (...) responsibility could provide a solution by applying the notion analogously to LAWS. A fundamental condition underpinning the doctrine’s application is the control requirement, stipulating that a superior must exert some degree of control over subordinates. The aim of this article is to provide an in-depth analysis of this control condition and assess whether it leads to the impossibility of applying the doctrine of command responsibility to LAWS. To this end, the first section briefly introduces the topic of LAWS and responsibility gaps. The subsequent section provides a concise overview of the doctrine itself and the conditions typically necessitated for its application. In the third section, a comprehensive scrutiny of the control requirement is undertaken through examination of key case law, examining how the concept has been interpreted. Finally, the fourth section delves into the evaluation of commanders’ potential to exert effective control over their (non-human) subordinates. Based on this, the feasibility of considering command responsibility as a viable solution is assessed, aiming to determine whether its application should be prima facie excluded or warrants further exploration. (shrink)

In the past ten years, many European companies organised into subcontracting networks have decided to adopt codes of conduct to regulate labour relations and to ensure the respect of fundamental social rights. This paper first determines the context and the issues to be addressed by codes of conduct within networks of companies, and second analyses the terms under which they can be implemented. The paper argues that codes of conduct can complement the standards developed by States, the European Union (...) or the social partners, but that steps should be taken in order to avoid that these texts replace the existing labour law. (shrink)

The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

Over the past decade, discussion has flourished among practitioners and academics regarding workers’ rights in developing countries. The lack of enforcement of national labour laws and the limited protection of workers’ rights in developing countries have led workers’ rights representatives to attempt to establish transnational industrial relations systems to complement existing national systems. In practice, these attempts have mainly been operationalised in unilateral codes of conduct; recently, however, negotiated international framework agreements (IFAs) have been proposed as an alternative. Despite (...) their growing importance, few studies have empirically studied IFAs. This paper starts to fill this gap by studying why corporations adopt IFAs, based on a qualitative study of the process leading to the signing of a recent IFA. The study’s findings complement existing research into why corporations adopt IFAs, codes of conduct, and CSR policies by demonstrating that corporate motives can be linked to a desire to retain a trusting relationship with the labour union movement. In addition, the findings indicate that the discrete campaign model of stakeholder pressure dominant in previous research should be complemented by a continuous bargaining model of stakeholder pressure. The paper concludes by discussing differences between these conceptual models of stakeholder pressure and avenues for future research. (shrink)

Gender scholars have addressed a variety of gender gaps between men and women, including a gender gap in orgasms. In this mixed-methods study of heterosexual Canadians, we examine how men and women engage in gender labor that limits women’s orgasms relative to men. With representative survey data, we test existing hypotheses that sexual behaviors and relationship contexts contribute to the gender gap in orgasms. We confirm previous research that sexual practices focusing on clitoral stimulation are associated with women’s orgasms. With (...) in-depth interview data from a subsample of 40 survey participants, we extend this research to show that both men and women engage in gender labor to explain and justify the gender gap in orgasms. Relying on an essentialist view of gender, a narrow understanding of what counts as sex, and moralistic language that recalls the sexual double standard, our participants craft a narrative of women’s orgasms as work and men’s orgasms as natural. The work to produce this gendered narrative of sexuality mirrors the gender labor that takes place in the bedroom, where both women and men engage in sexual behaviors that emphasize men’s pleasure to a greater extent than women’s. (shrink)

Forty years ago Amartya Sen delivered his Tanner Lecture, 'Equality of What?', in which he introduced to the world a novel approach to the idea of equality by way of the notion of 'basic capability' as 'a morally relevant dimension'. We can now see with hindsight that Sen's argument - that we should focus upon equality of basic capabilities ('a person being able to do certain basic things') - launched what has become an academic armada now proceeding under the flag (...) of 'the capability approach'. While that flag has ventured far and wide and engaged many area of inquiry, this volume of essays is the first to explore how the capability approach (the CA) might shed light upon labour law. Three dimensions of the CA's potential for illuminating labour law are examined. Part I enquires into the nature of the basic relationship between CA and labour law - do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods. (shrink)

In this article, we examine the effects of time spent in household labor on the gender gap in earnings. We identify that part of the gender gap in earnings directly attributable to women's greater household labor time. After controlling for years of work experience, hours worked per week, occupation, industry, union membership, and education, we find that household labor time can directly account for 8.2 percent of the gender gap in earnings. In addition to the direct effect of women's household (...) responsibilities on earnings, they also may affect occupational location, work experience, and number of hours worked per week, and through these variables, their earnings. These findings indicate that we cannot truly understand women's earnings relative to those of men without considering the impact of their unpaid labor on their paid work. (shrink)

The problems of introduction of flexible work arrangements into Lithuanian labour law are analysed in the paper. Since 1990-ies Lithuania started making huge changes in its economy moving from planned (Soviet) to modern market economy. Together with these changes the employment relationship started to change as well. But after 20 years of development we still see a lack of modern view towards flexible work arrangements in labour laws. The problems of introduction of flexibility into Lithuanian employment relationship are (...) discussed with the retrospective view and explanations of arising obstacles for implementation. Rulings of the Supreme Court of Republic of Lithuania are given to reveal problems existing in practice. Conclusions and suggestions for the improvement of legal provisions are presented. (shrink)

Labor law was traditionally a domestic project, defined on the basis of a geographic territory or a synthetic community; its norms were determined by the state and applied to employers and workers who resided within the state. Commonly, labor law is administered on a territorial basis, applies to incoming workers, and stops at the borders in respect of other states' sovereignty when capital migrates. Globalization affects the background in which labor law operates, including the increased interdependence of markets, the constitution (...) of communities that transcend national borders, and the development of institutions outside and within the nation-state, which displace the locus of regulation from the traditional state level. De-territoriality claims that territory and sovereignty should be understated within the dominion of labor law in order to correct a deep structural imbalance in labor markets. This imbalance was not created by globalization, and as long as it appeared in a consistent yet bounded manner in each and every state, labor law's project was rendered possible by territorial arrangements. With the process of globalization, the territorial solutions previously created within labor law are no longer adequate. When territoriality is adhered to, migrating workers receive partial protection, while migrating capital can easily choose its most convenient forum as a means, inter alia, of undermining labor law's protection to workers. De-territorialization seeks to restore the original intent of labor law's project, which is to level off the distinct strategies that are available to labor and capital in a globalized labor market. (shrink)

The National Labor Relations Act of 1935 has been widely portrayed as an anachronistic piece of legislation that needs to be reformed or abandoned. In the absence of reform, many US labor unions try to avoid the NLRA process altogether by organizing workers outside the confines of the law. But Somos un Pueblo Unido, or “Somos,” a worker center in New Mexico, has been using a novel interpretation of the NLRA less to boost union density than to develop an alternative (...) to contract unionism. By helping nonunionized workers use Section 7 of the NLRA to act concertedly in their own defense, I argue, Somos is combating employer abuse, in the short run, and demonstrating that worker centers and their memberships may be transforming the US labor movement, in the long run. Their experiences illustrate the ability of organizations to redeploy existing institutional resources with potentially transformative results. (shrink)

In this paper, I offer an analytical and normative framework to re-visit the question of whether state parties should derogate from the European Convention on Human Rights (ECHR) in order to combat the COVID-19 pandemic via harsh ‘lockdown’ measures. It is three-pronged. First, I show that the predominant debate on the (non-)derogation question is informed by a textual approach to adjudication, which severely limits the analytical and evaluative horizon for addressing the issue. Most importantly, it cannot address one salient fact (...) about the effects of lockdown measures, namely their highly disproportionate effects on vulnerable groups and minorities. Second, I argue that proportionality assessment should be the basis for determining whether state parties ought to derogate or not. This is because proportionality’s very purpose is in part to track the effects of state interferences on minorities and vulnerable groups by measuring the disproportionate burden imposed on them. It is also because proportionality assessment has very different requirements between limitation clauses built into the relevant Convention articles (e.g. Article 5, Articles 8–11) and the derogation clause (Article 15) under the ECHR. Surprisingly, while the emerging literature almost always mentions proportionality as an important component of the analysis, it does not investigate the extent to which each regime (derogation or limitation) better performs it, and why. Third, I draw from the philosophical literature on the ‘right to justification’ to clarify the egalitarian and justificatory function of proportionality. Unlike derogation, limitation clauses have a much higher and systematic requirement of justification, which makes the case for non-derogation clearer and stronger. (shrink)

Social scientists agree that women are generally more religious than men, but disagree about whether the differences are universal or contingent on social context. This study uses General Social Survey data to explore differences in religiosity between, as well as among, women and men by level of individual earned income. Extending previous research, I focus on high earners with other groups included for comparison. Predicted probabilities based upon fully interacted models provide four key findings: There are no significant gender differences (...) among high earners; high-earning women are less religious than low-earning women; high-earning men are more religious than low-earning men; and differences among women and among men at different earnings levels are just as large as average differences between women and men. Further analyses demonstrate that the relationship between gender, earnings, and religiosity varies by race. The findings demonstrate the utility of intersectional approaches for understanding gender differences in religiosity. Beyond the implications specific to the gender differences in religiosity literature, this study also indicates that religion is an important, yet often underemphasized, aspect of our intersectional selves. (shrink)

This Paper suggests that the answer to the question “what is domestic labor law for?”—commonly regarded as securing “justice against markets” or a justified tax on market activity—has informed the search for the answer for the question “what is international labor law for.” This is reflected in what this Paper refers to as P2, which provides that “the failure of any country to adopt humane conditions of labor is an obstacle in the way of other nations which desire to improve (...) the conditions in their own countries.” P2 envisions a “race to the bottom” by rational states trapped in a Prisoner’s Dilemma game. The author maintains that this cannot be the objective of ILO which cannot stop “the race” given its deficient enforcement mechanisms to ensure compliance. This Paper suggests an alternative raison d’etre for the ILO, which is called P1, namely social justice: “universal peace can only be established if it is based upon social justice.” P1 reflects what states actually seek to achieve. Following Sen, this Paper suggests that there is no tradeoff between social justice and economic efficiency. Therefore the promotion of labor rights by the ILO will contribute both to social justice and to economic success. Thus the ILO should promote international labor law so as to lead member states to pursue their self-interest which is consistent with the collective goal of humanity. (shrink)

This manuscript offers a qualitative exploration aimed at proposing effective strategies for enhancing compliance with and enforcement of labor laws in Bangladesh by diminishing the incentives for non-compliance. The study relies on primary data obtained from statutes, legal decisions, and secondary data sourced from scholarly articles, books, and book chapters, among others. Employing a cost-benefit analysis approach from the employers’ perspective, the study contends that showcasing the superior costs associated with violating labor laws, in comparison to the benefits gained, will (...) incentivize employers to prioritize compliance to safeguard their interests. To this end, the research puts forth eight distinct techniques or mechanisms to curtail the benefits derived from disregarding labor laws. These strategies are thoughtfully organized into two categories, namely “increasing the likelihood of self-enforcement” and “supporting by other actors.” The proposed techniques for enhancing compliance with and enforcement of labor laws in Bangladesh hold significant potential in benefiting key stakeholders, policymakers, and practitioners in the field. Furthermore, the study’s findings carry valuable implications for other developing countries in the South Asian region, given their similar socio-economic and cultural contexts. (shrink)

We observed that despite international declarations on child-rights, outsourced domestic girl-child labour still persists. Raising the question whether outsourced domestic girl-child labour constitutes hermeneutical injustice, we respond affirmatively. Relying on two indigenous victimology-narratives that are newspaper reports, we expose some of the horrors that the victims of outsourced domestic girl-child labour suffer. Comparing these reports with other victimology-narratives of hermeneutical injustice as reported by Miranda Fricker and Hilkje Hänel, we argue that the victims of outsourced domestic girl-child (...) labour suffer a hermeneutical gap and hermeneutical interference; and that the perpetuators of this practice, help to foster what we call ‘hermeneutical obstruction’. We recommend different counteracting measures such as: a radical feminization of educational curricula, which will allow for the introduction of the relevant hermeneutical resources that female children need in making sense of their experiences, into the classrooms and other places of learning; establishing feminist liberation agencies in all schools, religious institutions and hospitals, as ways of increasing the level of awareness about the rights of the girl-child in children and adults; feminizing legislation and legislative processes, to allow for the enactment of laws to protect the rights of the girl-child; and campaigning for a more rigorous enforcement of child-rights laws. (shrink)

Pesquisa acerca das mudanças das relações de trabalho no cenário mundial da economia neoliberal atual, marcada pelos passos e descompassos entre a matriz legal advinda da Direito do Trabalho e a flexibilização dos direitos laborais da atualidade. Pretende-se, a partir da compreensão da denominada “crise do trabalho”, definir argumentos que permitam responder a questão central: qual o futuro das relações de trabalho e, principalmente, do direito do trabalho nas sociedades modernas. Na seqüência, reflete-se sobre o Novo Plano Nacional de Direitos (...) Humanos do Brasil – PNDH-3, sua importância para a defesa dos direitos humanos dos trabalhadores e para a conquista do trabalho decente. Research on the changing labor relations in the global scenario of current neoliberal economy, marked by steps and gaps between the matrix arising from the Legal Right to Work and flexibility of labor rights today. It is intended, from the understanding of socalled "crisis of work", set arguments for addressing the central question: what is the future of labor relations, and especially of labor law in modern societies. Subsequently, reflects on the New National Plan for Human Rights of Brazil - PNDH-3, its importance to the human rights of workers and for the achievement of decent work. (shrink)

This Article offers a critical evaluation of preference satisfaction as a frame for normative thinking. It begins with an internal critique of the way preferences work in normative economics, distinguishing among three elements: welfare; preferences; and choices. For preference satisfaction to work well, it must be able to bridge two gaps, one between choice and preferences, and another between preferences and welfare. In contexts where both those gaps are bridged, preference satisfaction offers a workable normative framework; where at least one (...) of those gaps is unbridgeable, the framework should be treated with extreme caution if not jettisoned altogether. The Article then goes on to pursue an external critique, by asking what price we pay for using the preference satisfaction framework when it appears to perform well. The point of the critique is that even when preference satisfaction provides a good normative framework on its own terms, the framework obscures considerations that should not be ignored. By pursuing one concrete example, the Article shows how broad considerations regarding the implications of the regime of wage labor are absent from legal contemplation when labor law is imagined and shaped through the lens of preference satisfaction. The Article concludes with a speculation about how different theories of welfare might be employed in concert, rather than as alternatives. It suggests that a pluralism of theory is a way to expose the political stakes in the kinds of policy discussion where preference satisfaction is often a dominant way of thinking. (shrink)

Numerous labor-management issues possess ethical dimensions and pose ethical questions. In this article, the authors discuss four labor-management issues that present important contemporary problems: union organizing, labor-management negotiations, employee involvement programs, and union obligations of fair representation. In the authors view, labor and management too often view their ethical obligations as beginning and ending at the law''s boundaries. Contemporary business realities suggest that cooperative and enlightened modes of interaction between labor and management seem appropriate.

This Article contrasts two views of the relationship between the fields of work law and private law. The “internal” view, propounded by Hanoch Dagan, would bring work law into the domain of private law by recentering the latter, including property law, around liberal values of reciprocal respect for autonomy. The “external” view locates the law of work in an overlapping but distinct domain that we might call “social law,” where it operates as a set of externally imposed conditions on the (...) activity of employing others. When workers’ rights and interests come into conflict with those of owner-employers, the two views face off on the constitutional terrain of takings. In principle, the internal view might afford a better defense against takings challenges to laws that constrain property owners’ entitlements in the interest of those who work there, for it would redefine the former to reflect the latter. The external view relies more on takings law than property law to accommodate others’ interests when they conflict with traditional property rights. Unfortunately, the U.S. Supreme Court’s recent decision in Cedar Point Nurseries v. Hassid deals a heavy blow to both views. Its neo-Blackstonian conception of property rights rejects the notion that property law itself recognizes workers’ interests and entrenches that conception of property rights within the constitutional law of takings, sharpening the takings sword against social law’s regulation of property rights in the interest of others, including workers. Cedar Point thus underscores and magnifies the challenges that modern U.S. takings law, with its constitutional definition of property rights, poses to the advancement of workers’ rights, whether those are understood as internal or external to property law. (shrink)

Under the Canadian labour laws that govern workplace safety, wage, and other work conditions, ‘family’ workers are not covered by the law under special rules for agriculture. Among other legal exclusions, the family farm exclusion contributes to a dearth of basic work, health, and safety standards in the sector, despite the commercialization and industrialization of family farming activities. Through a focus on Alberta, Canada—where farm labour rules have only applied to agriculture since 2016—this article explores the family exclusion (...) in relation to family farming experiences with work and risk, based on interviews with farm operators, their family members, and farm employees in Alberta. While some participants continued to press for exemptions for farms from labour rules under the rationale that there is intrinsic safety within families, the findings also reveal how other participants have begun questioning this rationale, despite their overall support for the family farm exemption in Alberta. Using the lens of legal geography and critical perspectives on the family, we argue that the family is a significant but under-examined dynamic in the legal regimes governing farm labour and agricultural safety and health. Together, the law and dominant narratives about family farming treat farm operations as hyper-private domains, where operators have disproportionate power to dispose of their own work and the work of others how they wish. These legal geographies of hyper-privacy contribute to the indecent work conditions that characterize farm labour systems in Alberta and other jurisdictions. (shrink)

As there is a gap of legal regulation of covenants not to compete in Lithuania, the legal doctrine and the case-law are analyzed in this article. It is recognized in judicial practice that labour laws are not applicable for the regulation of the covenants not to compete. So, the parties, an employer and employee, are free to make agreement on non-competition. There are some suggested principles how to make parties’ agreement on non-competition. Firstly, there should be disputed an adequate (...) compensation to the restrictions that would be made for an employee. Secondly, the restriction of competing should be precisely described, taking into account other issues, such as period of non-competing, employee’s qualification and duties, termination of agreement, etc. It is also proposed to supplement the Law on Competition of the Republic of Lithuania with the rules concerning the conclusion, execution or termination of these covenants. (shrink)

This paper employs institutional theory as a theoretical lens and examines the role of status and peer influence on diversity following a change in European labour law in 1995. This change in European labour law, well-known as the Bosman ruling, significantly increased labour mobility in European soccer. The ruling lifted restrictions on the number of foreign players that soccer teams could recruit and eliminated compulsory transfer fees for players whose contracts had ended. We demonstrate that the Bosman (...) ruling, while increasing the number of foreign players on a team, did not uniformly affect all teams. Our investigation indicates that the increase in racio-ethnic diversity in teams depended on the status of teams and on peer influence (the behaviour of similar teams). This setting, though specific to European labour law in the context of soccer, allows an examination of the complex interplay between racio-ethnic diversity, status, and peer influence in a period of institutional change. (shrink)

This article offers a normative analysis of the state of religious accommodation law in the UK. It identifies five ‘normative gaps’ in the law where the legal discussion could benefit by employing the analytical lens of political theory. These gaps concern (i) what sorts of religious (or non-religious) beliefs should enjoy protected status; (ii) how the law should address issues of individual choice and responsibility; (iii) whether there is a genuine distinction between manifesting and being motivated by one’s beliefs; (iv) (...) what sorts of interests count against accommodation claims; and (v) the relationship between human rights and discrimination law, the two pillars of religious accommodation law in the UK. The first half of the article sets out these issues, while the second half offers some preliminary conclusions and ways of resolving them. The Conclusion traces the contours of a satisfactory theory of religious accommodation law. (shrink)

There are reasons to believe that decision‐making capacity (mental competence) of women in labor may be compromised in relation to giving informed consent to epidural analgesia. Not only severe labor pain, but also stress, anxiety, and premedication of analgesics such as opioids, may influence women’s decisional capacity. Decision‐making capacity is a complex construct involving cognitive and emotional components which cannot be reduced to ‘understanding’ alone. A systematic literature search identified a total of 20 empirical studies focused on women’s decision‐making about (...) epidural analgesia for labor pain. Our review of these studies suggests that empirical evidence to date is insufficient to determine whether women undergoing labor are capable of consenting to epidural analgesia. Given such uncertainties, sufficient information about pain management should be provided as part of prenatal education and the consent process must be carefully conducted to enhance women’s autonomy. To fill in the significant gap in clinical knowledge about laboring women’s decision‐making capacity, well‐designed prospective and retrospective studies may be required. (shrink)

Intersex being a birth impairment in human babies is a fact of humanprecreation. Opposed to normal birth of humans as males and females incidentsof babies with vague gender identity have perturbed people and families asto how to socially place them within the binary system of men and womenin the community. In Islam, it is more important in view of the genderedorientation of some Islamic laws and its system of social ethics. Accordingly,jurists formulated an Islamic blueprint to manage this segment. However,their (...) main criteria to align such individuals to one of the normal genders wereinadequate to assign a specific sex to all intersex. Medical science, on the otherhand, proposes not only to achieve precise diagnoses of intersex conditionsbut also to manage them medically. Accordingly, Muslim jurists and muftisby and large celebrated this medical solution as a better remedy to resolve thisjuridical perplexing question. This study, however, argues that juristic stamp ofapproval needs to be more ethically grounded so as to avoid pitfalls inherent inthis medical innovation. (shrink)