Labor Law Research Paper Topics

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In this comprehensive guide on labor law research paper topics , we aim to assist law students in exploring the diverse and dynamic landscape of labor law research. As the field of labor law encompasses a wide array of topics, this page offers a valuable resource for students seeking inspiration and guidance for their research papers. Students will gain insights into how to select appropriate research paper topics, tips for writing an effective labor law research paper, and the benefits of availing iResearchNet’s custom writing services. By empowering students with essential knowledge and professional support, we aim to enhance the quality and depth of labor law research in the academic community.

100 Labor Law Research Paper Topics

Welcome to the world of labor law research paper topics, where the intricate tapestry of employment relationships and workers’ rights is unraveled and explored. Labor law stands at the intersection of law, economics, and social justice, encompassing a myriad of legal principles and regulations that govern the dynamic interactions between employers and employees. As students of law embarking on a journey into this fascinating realm, you are presented with a treasure trove of research opportunities. This comprehensive list of labor law research paper topics is designed to guide you through a diverse array of subjects, providing insights into the ever-changing landscape of labor relations and shedding light on the pressing issues faced by the modern workforce. By delving into these topics, you have the chance to contribute to the advancement of labor rights, shape policy reforms, and foster a more equitable and inclusive labor environment.

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  • Analyzing the Role of Labor Unions in Protecting Workers’ Rights
  • The Impact of Anti-Discrimination Laws on Workplace Equality
  • Addressing Gender Pay Gap through Labor Legislation
  • Disability Rights in the Workplace: Challenges and Solutions
  • Racial and Ethnic Discrimination in Hiring Practices: A Legal Perspective
  • Promoting LGBTQ+ Inclusivity in the Workplace: Legal Frameworks and Challenges
  • Age Discrimination in Employment: Legal Implications and Protections
  • Examining Religious Accommodation Laws in the Workplace
  • Combating Workplace Harassment: Legal Measures and Best Practices
  • Legal Remedies for Unfair Dismissal and Retaliation Claims
  • Labor Exploitation in Global Supply Chains: Legal Perspectives
  • Cross-Border Employment Contracts: Challenges and Legal Solutions
  • International Labor Standards and Corporate Social Responsibility
  • Free Trade Agreements and Labor Protections: Analyzing the Impact
  • The Role of International Organizations in Shaping Labor Laws
  • Comparative Analysis of Labor Laws in Different Countries
  • The Intersection of Labor Law and International Human Rights Law
  • Global Mobility of Labor and its Legal Implications
  • Protecting Migrant Workers: International Legal Frameworks
  • Challenges of Enforcing Labor Standards in Globalized Economies
  • The Gig Economy and the Future of Labor Law
  • Labor Law in the Era of Artificial Intelligence and Automation
  • Data Privacy and Employee Monitoring: Balancing Rights and Interests
  • Legal Considerations for Remote Work Arrangements
  • Digital Labor Platforms and Worker Classification: Legal Issues
  • The Right to Disconnect: Exploring Legal Protections for Work-Life Balance
  • Virtual Workplaces and Cross-Border Labor Law Challenges
  • Regulating Crowdsourced Labor: Legal Implications and Innovations
  • Blockchain Technology and Smart Contracts in Labor Relations
  • Online Labor Marketplaces: Labor Law Challenges and Opportunities
  • The Legal Framework of Employment Contracts: Rights and Obligations
  • Collective Bargaining and Employment Contract Negotiations
  • The Role of Employment Contracts in Protecting Intellectual Property
  • Non-Compete Agreements: Enforceability and Limitations
  • Zero-Hour Contracts: Legal and Ethical Considerations
  • Fixed-Term Employment Contracts: Benefits and Challenges
  • The Gig Economy and Independent Contractor Agreements
  • The Legal Implications of Employee Handbooks and Policies
  • Employment Termination Clauses: Legal Safeguards and Consequences
  • Legal Protections for Whistleblowers in Employment Contracts
  • Occupational Health and Safety Regulations: Compliance and Enforcement
  • Legal Liability for Workplace Accidents and Injuries
  • Work-Related Stress and Mental Health: Legal Duties and Rights
  • Ergonomics and Workplace Design: Legal Considerations
  • Workplace Substance Abuse Policies and Legal Implications
  • Discrimination Based on Health Conditions: Legal Perspectives
  • Safety Measures for High-Risk Occupations: Legal Frameworks
  • The Right to Refuse Unsafe Work: Legal Protections and Limitations
  • The Role of Labor Inspectors in Enforcing Workplace Safety
  • Legal Challenges in Addressing Emerging Occupational Hazards
  • Labor Market Regulations and Economic Growth: A Comparative Analysis
  • Labor Laws and Business Competitiveness: Balancing Interests
  • Labor Unions and Wage Bargaining: Economic Implications
  • Labor Law Reforms and Employment Generation: A Case Study
  • The Impact of Minimum Wage Laws on the Economy and Workers
  • Employment Protection Laws and Labor Market Flexibility
  • Labor Market Segmentation: Legal Challenges and Policy Responses
  • Labor Law and Income Inequality: Assessing the Connection
  • The Role of Labor Laws in Addressing Poverty and Social Welfare
  • Labor Mobility and Economic Integration: Legal Facilitation and Barriers
  • Armed Conflicts and Workers’ Rights: The Role of International Law
  • Protecting Civilian Workers in Conflict Zones: Legal Challenges
  • Child Labor in Conflict-Affected Areas: Legal Remedies and Rehabilitation
  • Labor Law and Refugee Rights: Legal Protections and Dilemmas
  • Employment Rights for Victims of Human Trafficking: Legal Approaches
  • The Role of International Courts and Tribunals in Enforcing Labor Rights
  • Labor Law and War Crimes: Holding Perpetrators Accountable
  • Gender-Based Violence and Labor Rights: Legal Responses and Redress
  • The Impact of Armed Conflicts on Labor Market Dynamics
  • The Role of International Humanitarian Organizations in Protecting Workers
  • The Legal Framework of Employment Discrimination Laws
  • Age Discrimination in Employment: Legal Protections and Challenges
  • Combating Gender Discrimination in the Workplace: Legal Strategies
  • The Impact of Race and Ethnicity on Hiring and Promotion: Legal Implications
  • Legal Protections for LGBTQ+ Employees: Advancements and Gaps
  • Addressing Religious Discrimination in Employment: Legal Rights and Accommodations
  • Disability Discrimination in the Workplace: Legal Remedies and Reasonable Accommodations
  • Pregnancy Discrimination in Employment: Legal Safeguards and Enforcement
  • Intersectionality and Employment Discrimination: Analyzing Multiple Identities
  • The Role of Affirmative Action in Promoting Workplace Diversity: Legal Debates
  • Artificial Intelligence in Labor Relations: Legal Implications and Ethical Concerns
  • Gig Workers and Employee Classification: Legal Challenges and Protections
  • Data Privacy and Labor Law: Balancing Employee Rights and Employer Interests
  • Remote Work and Digital Nomads: Adapting Labor Law to Modern Trends
  • The Future of Work and Labor Law: Preparing for Technological Advancements
  • Freelancers and the Gig Economy: Legal Protections and Vulnerabilities
  • Labor Law in the Era of COVID-19: Responses and Policy Considerations
  • Labor Rights for Platform Workers: Legal Frameworks and Enforcement
  • Climate Change and Labor Law: Environmental Responsibilities and Employment
  • The Role of Labor Law in Addressing Income Inequality and Social Justice
  • A Comparative Analysis of Labor Law Systems in Different Countries
  • Labor Law Reforms and Social Movements: Global Experiences
  • International Labor Standards and Conventions: Challenges and Implementation
  • The Influence of International Trade Agreements on Labor Laws
  • Human Rights and Labor Rights: Synergies and Conflicts
  • Employment Protection and Flexibility: Comparative Policy Approaches
  • The Role of Labor Unions in Shaping Labor Laws: Global Perspectives
  • Enforcement Mechanisms of Labor Laws: Lessons from Various Jurisdictions
  • Labor Law and Cross-Border Employment: Legal Complexities and Solutions

Exploring the Range of Labor Law Topics

The field of labor law offers an expansive and dynamic landscape that addresses various aspects of employment relationships, worker rights, and workplace regulations. As students delve into labor law research, they encounter a plethora of thought-provoking topics that delve into the intricacies of modern labor practices. This section explores the wide-ranging research paper topics in labor law, providing insights into the complex issues that shape the modern workforce and society at large.

  • Labor Unions and Collective Bargaining: Labor unions play a vital role in representing workers’ interests, negotiating collective bargaining agreements, and advocating for improved working conditions. Research topics may encompass the history of labor unions, the impact of collective bargaining on wages and benefits, the challenges faced by unions in the contemporary economy, and the evolving role of unions in shaping labor policy.
  • Employment Discrimination: Issues of employment discrimination based on race, gender, age, religion, or disability continue to be significant concerns in labor law. Research topics may explore the legal framework for combating discrimination, the effectiveness of anti-discrimination measures, and the role of employers in promoting diversity and inclusion in the workplace.
  • Workplace Health and Safety: Ensuring a safe and healthy work environment is a fundamental aspect of labor law. Research topics in this area may delve into occupational health and safety regulations, the impact of workplace injuries on workers and employers, and the role of employers in promoting employee well-being.
  • Employee Benefits and Compensation: Employee benefits and compensation packages are critical factors in attracting and retaining a skilled workforce. Research topics may investigate the legal requirements for employee benefits, the impact of compensation structures on job satisfaction and productivity, and the role of labor law in addressing wage disparities.
  • Globalization and Labor Law: The globalization of labor markets has brought about unique challenges and opportunities for labor law. Research topics in this area may explore the impact of international trade agreements on labor standards, the role of multinational corporations in shaping labor practices, and the potential for international cooperation in addressing labor rights violations.
  • Employment Contracts and At-Will Employment: The legal framework governing employment contracts and the concept of at-will employment are essential considerations in labor law. Research topics may encompass the enforceability of employment contracts, the rights and obligations of both employers and employees, and the implications of at-will employment on job security.
  • Whistleblower Protections: Whistleblower protections are crucial in encouraging employees to report misconduct and unethical behavior in the workplace. Research topics in this area may explore the legal safeguards for whistleblowers, the challenges they face in coming forward, and the impact of whistleblower protections on corporate accountability.
  • Labor Migration and Immigration Policies: Labor migration and immigration policies intersect with labor law, as they impact the rights and treatment of migrant workers. Research topics may examine the legal framework for labor migration, the exploitation of migrant workers, and the role of labor law in protecting the rights of this vulnerable population.
  • Emerging Technologies and Labor Law: Advancements in technology, such as artificial intelligence and automation, have far-reaching implications for the labor market. Research topics may investigate the legal and ethical considerations of deploying emerging technologies in the workplace, their impact on job displacement, and the need for workforce retraining and reskilling.
  • Employment Regulation in the Gig Economy: The gig economy has disrupted traditional employment relationships, leading to new challenges for labor law. Research topics in this area may explore the legal classification of gig workers, their access to labor protections and benefits, and the potential for policy reforms to address gig economy challenges.

As students explore these diverse research paper topics in labor law, they gain a deeper understanding of the complex issues that underpin modern labor practices and the legal measures designed to protect workers’ rights. From promoting workplace safety to addressing employment discrimination and adapting to the changing nature of work, the study of labor law offers an opportunity to contribute to the enhancement of labor rights and the establishment of a fair and equitable labor environment.

How to Choose a Labor Law Topic

Selecting a compelling and relevant research paper topic is a crucial step in the academic journey of law students focusing on labor law. The process of choosing the right topic requires thoughtful consideration of personal interests, academic goals, and the broader societal impact of the research. This section provides valuable insights and practical tips to help students navigate the process of choosing labor law research paper topics that are engaging, meaningful, and academically rewarding.

  • Identify Your Interests: Begin the topic selection process by exploring your personal interests within the field of labor law. Reflect on the topics and issues that resonate with you the most. Whether you are passionate about workers’ rights, employment discrimination, or workplace safety, aligning your research with your interests will keep you motivated throughout the writing process.
  • Conduct Background Research: Before finalizing your research paper topic, conduct thorough background research on potential subjects. Familiarize yourself with the existing literature, landmark cases, and recent developments in labor law. This exploration will not only provide you with valuable context but may also inspire fresh angles and research questions.
  • Stay Informed About Current Events: Keep abreast of current events and emerging trends in labor law. Issues such as the gig economy, workplace harassment, and data privacy are constantly evolving, providing excellent opportunities for timely and relevant research topics. Being aware of the latest developments in the field will help you choose topics that address contemporary challenges.
  • Consider the Scope and Feasibility: Assess the scope and feasibility of potential research paper topics. Ensure that your chosen topic is neither too broad nor too narrow, as striking the right balance is essential. A topic that is too vast may lack focus, while one that is too specific may limit your ability to find sufficient research material.
  • Identify Gaps in the Literature: Look for gaps in the existing literature that your research could address. Seek out topics that provide an opportunity to contribute original insights or propose innovative solutions to labor law challenges. Contributing to the advancement of knowledge in the field will make your research paper more impactful.
  • Consult with Professors and Peers: Seek guidance from professors, academic advisors, and fellow students when selecting your research paper topic. They can offer valuable perspectives, suggest relevant resources, and help refine your ideas. Collaborating with others in the field fosters a deeper understanding of labor law topics.
  • Brainstorm and Narrow Down Options: Engage in brainstorming sessions to generate a list of potential research paper topics. From this list, gradually narrow down your options by evaluating each topic’s merits, research potential, and alignment with your academic interests. You may also consider creating a shortlist of topics and discussing them with your professors for further feedback.
  • Consider the Practical Impact: Consider the practical implications and real-world impact of your research. Labor law is intricately linked to societal well-being, economic growth, and the protection of fundamental human rights. Choosing a topic that addresses practical challenges faced by workers and employers can enhance the relevance and significance of your research.
  • Be Open to Adaptation: Remain flexible and open to adapting your research paper topic as you delve deeper into the literature. As new insights and perspectives emerge, you may find it beneficial to modify your research question or approach. Embracing flexibility allows your research to evolve organically.
  • Seek Personal Connection: Lastly, choose a research paper topic that resonates with your personal values and aspirations. Labor law has a profound impact on the lives of individuals and communities. Selecting a topic that aligns with your values will foster a genuine sense of purpose and dedication to producing a meaningful and impactful research paper.

By following these practical tips, law students can navigate the process of selecting labor law research paper topics that are stimulating, relevant, and contribute to the broader discourse on labor rights and societal well-being. Embrace the journey of exploring the complexities of labor law, and let your research empower positive change in the realm of employment relationships and workplace regulations.

How to Write a Labor Law Research Paper

Writing a labor law research paper can be a rewarding experience that allows law students to delve deep into the intricacies of employment relationships and the legal framework governing workplaces. To create a compelling and well-structured labor law research paper, students should follow a systematic approach that incorporates thorough research, critical analysis, and effective writing. This section offers comprehensive guidance on how to navigate the process of writing a labor law research paper, from formulating a strong thesis statement to presenting a coherent argument.

  • Develop a Clear Thesis Statement: The foundation of any successful research paper lies in a clear and concise thesis statement. A thesis statement should outline the central argument or research question of your paper. In the context of labor law, your thesis may focus on a particular aspect of workers’ rights, employment discrimination, labor unions, or workplace regulations.
  • Conduct In-Depth Research: Effective research is the backbone of a well-informed labor law research paper. Utilize various reputable sources, including legal databases, academic journals, government publications, and scholarly books. Analyze landmark cases, statutory provisions, and relevant international treaties to support your arguments with authoritative evidence.
  • Organize Your Paper: A well-organized structure is essential for conveying your ideas coherently. Divide your labor law research paper into sections, including an introduction, literature review, methodology (if applicable), main body, and conclusion. Ensure that each section flows logically and contributes to the overall argument.
  • Address the Legal Framework: Incorporate a comprehensive analysis of the relevant legal framework into your research paper. Provide an overview of labor laws, regulations, and court decisions that pertain to your chosen topic. Analyze how these legal provisions impact workers’ rights, employer responsibilities, and labor practices.
  • Engage with Case Studies: Case studies can add depth and context to your labor law research paper. Select relevant case studies that exemplify the application of labor laws in real-world scenarios. Analyze the outcomes of these cases and draw connections to broader labor law principles.
  • Analyze the Historical Context: Consider the historical context of labor law to understand its evolution over time. Analyze key historical events, labor movements, and legislative changes that have shaped the current labor law landscape. Understanding the historical development of labor law will provide valuable context for your research.
  • Discuss International Perspectives: Explore labor law from an international perspective. Compare labor laws and practices in different countries and examine how international treaties and conventions influence domestic labor regulations. This global outlook will enrich your research and offer a broader perspective on labor rights.
  • Address Ethical Considerations: Labor law often intersects with ethical considerations. Address ethical dilemmas related to labor practices, workplace discrimination, and employer responsibilities. Reflect on the ethical implications of various labor law approaches and consider the impact on stakeholders.
  • Use Clear and Concise Language: Effective communication is vital for conveying complex legal concepts. Use clear and concise language throughout your labor law research paper. Avoid jargon whenever possible and define legal terms to ensure clarity for readers.
  • Edit and Revise Thoroughly: Once you have completed your labor law research paper, allocate ample time for editing and revision. Review your paper for coherence, clarity, and consistency. Check for grammatical errors, spelling mistakes, and proper citation of sources. Consider seeking feedback from peers or professors to refine your paper further.

By following these guidelines, law students can produce an insightful and well-structured labor law research paper that contributes to the understanding of labor rights and the legal framework governing the world of work. Embrace the opportunity to engage with labor law intricacies, and let your research paper be a testament to your dedication to promoting fair and just labor practices.

iResearchNet’s Custom Research Paper Writing Services

At iResearchNet, we understand the complexities of labor law and the challenges that law students face when tasked with writing research papers on this subject. Our custom labor law research paper writing services are designed to provide students with professional assistance in crafting high-quality, well-researched papers that meet academic standards and exceed expectations. With a team of expert writers who hold advanced degrees in law and have extensive knowledge of labor law, we are committed to helping students excel in their academic pursuits and achieve their goals.

  • Expert Degree-Holding Writers: One of the cornerstones of our custom labor law research paper writing services is our team of expert writers. Each writer is carefully selected based on their qualifications, experience, and expertise in labor law. Our writers hold advanced degrees in law, and many of them have practical experience in the legal field. This ensures that they have a deep understanding of labor law and are equipped to handle complex topics with confidence and precision.
  • Custom Written Works: At iResearchNet, we believe in providing personalized solutions to our clients. When you order a custom labor law research paper from us, we take the time to understand your specific requirements and preferences. Our writers will work closely with you to develop a research paper that aligns with your unique needs and academic goals.
  • In-Depth Research: Our writers are skilled researchers who know how to access and utilize reputable sources to gather relevant information for your labor law research paper. They have access to a wide range of legal databases, academic journals, and other authoritative sources to ensure that your paper is well-informed and backed by credible evidence.
  • Custom Formatting: Our writers are well-versed in various citation styles, including APA, MLA, Chicago/Turabian, and Harvard. They will format your labor law research paper according to the specified style to ensure consistency and professionalism.
  • Top Quality and Originality: We take pride in delivering research papers of the highest quality. Each paper is written from scratch, following your instructions and adhering to academic standards. We guarantee originality, and every paper is thoroughly checked for plagiarism before delivery.
  • Customized Solutions: Our writers are dedicated to providing custom solutions tailored to your research paper requirements. We understand that each topic and assignment is unique, and we ensure that your paper reflects your understanding of labor law and your specific research objectives.
  • Flexible Pricing: We understand that students may have budget constraints, which is why we offer flexible pricing options to accommodate your needs. Our pricing is competitive and transparent, with no hidden fees.
  • Short Deadlines: We are equipped to handle urgent orders and can deliver high-quality labor law research papers with short deadlines, providing you with the necessary support when you are pressed for time.
  • Timely Delivery: We understand the importance of meeting deadlines, and our team is committed to delivering your labor law research paper on time. Whether you have a short deadline or a more extended timeframe, you can rely on us to deliver your paper promptly.
  • 24/7 Support: Our customer support team is available 24/7 to assist you with any queries or concerns you may have. Whether you need updates on your order or have questions about our services, our friendly and knowledgeable support staff are here to help.
  • Absolute Privacy: We prioritize the confidentiality and privacy of our clients. Your personal information and order details are kept secure and will never be shared with third parties.
  • Easy Order Tracking: With our user-friendly platform, you can easily track the progress of your labor law research paper and communicate with your assigned writer. This transparency allows you to stay informed and involved throughout the writing process.
  • Money Back Guarantee: We are confident in the quality of our services, and we offer a money-back guarantee to provide you with peace of mind. If you are not satisfied with the final paper, we will refund your payment.

With iResearchNet’s custom labor law research paper writing services, you can focus on mastering the concepts of labor law while leaving the research and writing to our skilled professionals. Let us help you achieve academic success and submit a labor law research paper that reflects your knowledge and dedication to the field of law. Place your order today and experience the difference of working with a trusted and reliable research paper writing service.

Empower Your Labor Law Research with iResearchNet

Are you struggling to find the right labor law research paper topic or feeling overwhelmed by the complexities of the subject? Look no further! iResearchNet is here to empower you on your academic journey and provide the support you need to excel in your labor law studies. Our comprehensive range of services is designed to make the research and writing process smooth, efficient, and successful. Whether you need assistance in choosing a captivating research topic, crafting a well-structured paper, or meeting tight deadlines, we’ve got you covered.

Let iResearchNet be your trusted partner in labor law research. Our custom research paper writing services are tailored to help you succeed in your academic journey and make a lasting impact in the field of labor law. Embrace the opportunity to deepen your understanding of labor rights, workplace justice, and legal principles with the support of our expert team.

Empower your labor law research today with iResearchNet’s custom writing services. Embrace the opportunity to excel in your academic pursuits and present a labor law research paper that reflects your dedication and expertise in this essential field. Place your order now and unlock the full potential of your labor law research with iResearchNet. Together, let’s make a difference in the realm of labor law!

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labour law related research topics

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10 Important Labour Law Dissertation Topics for Research

10 Important Labour Law Dissertation Topics for Research

April 20, 2022

The Ultimate Essay, and Interesting Topics yours with Examples

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The investigations of labour law topics help explore the various relationships between employers and employees in formal and informal organizational settings. It encompasses an entire range of subtopics that relate to the various aspects of the employee and employer issues. According to Zeitsch (2016), labour law inquiries are critical junctures in recognizing labour exploitation issues, bringing several forefronts of social, political and economical confrontations. Thus, attempts are made to inquire about labour law dissertation topics that include conventional norms and explorations of new boundaries with the growing inclination of globalization, social media, and technological innovations. These inquiries further redefine roles for both employees and employers.

Intensive labour law academic research papers require dedicated hours of time and effort. Holmes (2005) has necessitated the need of the hour to bring recognition to labour laws so that there are effective policy implementations to attain an equal society. Therefore, we are willing to provide business law dissertation help for students in UK universities. Law students are often assigned several hours of intensive research work for their coursework and papers. Several students cannot cope with the burden, and thus, we provide adequate dissertation writing help services. If you struggle to cope with your dissertations, law assignment help from an Online Assignment Expert is the way to go. We adhere to quality research methods and university guidelines and ensure that your work is addressed accordingly to achieve your academic goals.

List of Labour Law Dissertation Topics:

Selecting a labour law research topic is an interesting yet challenging task taken up by law students. Several intersecting perspectives in this inquiry require a deep conceptual understanding of labour conditions, legal rights and humanitarian agencies involved in the process. Therefore, our experts have suggested some prevalent topics for research, keeping in mind the contemporary situations of the highest resource demand in the world, i.e. human labour.

  • Child Labour under the context of socio-economic conditions of developing countries -  Child labour is a prevalent practice in many developing sectors of the world. As a state-enforced crime, it is used as an alternative in the form of cheap labour. Investigations and research can be carried out to bring the contexts under which child labour emerges, with specializations on local levels to help eliminate this menace to the society.
  • Enforcement of labour laws and human rights- its compatibility and differences -  Under this inquiry, the state and international forces of labour law protections can be analyzed and compared globally. It can further highlight the necessary benchmarks for attaining equal labour laws.
  • Labour law regulations and challenges for the future -  Research under this category can be carried out to inquire about the prevalent labour laws with the ongoing demands of the future. As human agency changes, the requirements of fitting into the changes must be considered for future reference.
  • Impact of migration on the labour market -  The globalization process of the contemporary world is continuously evolving. The social, political and economic scenarios have led to many migrations that have increased since historical times. The impact of such changes can be analyzed under this inquiry.
  • Labour law curriculum in higher education -  The continuously evolving inquiry of labour laws under the global pretext of variables that influence output analysis must be established as an important subject in higher studies. This helps recognize labour laws, their enforcement and justifications for creating a society of equality.
  • Labour law analysis in the public and private sector -  An effective labour law inquiry can be written by analyzing the policy frameworks of institutions and following their labour legislations. According to Moreau (2010), labour laws define the structures of legal landscapes and operate in certain contexts. It is important to recognize these contexts as labour policies in the private sector are different from those in the public sphere.
  • Application of labour laws in the work environment -  The establishments of labour legislation are important to construct for applications in the workplace. However, there are several variables about labour laws related to the workplace environments, and research is a great way to demonstrate the applicability of labour laws in the workplace.
  • Farm labour under relevant labour academic literature -  The prevalence of farm labour is one of the most crucial aspects of labour law investigations. As one of the largest labour sectors, there are several aspects involved covering benefits, rights, exploitation issues, etc. As this field is different from urban labour sectors, the research process of farm labour laws is highly demanding and unique academic inquiries.
  • Online work environment under labour laws -  The virtual world of online labour is a relatively new development. Therefore, there are comparatively lesser modes of inquiries that have been made. Research topics like Online Work From Home during the pandemic and its effect on socio-economic conditions of the people bring in new variants and modes of labour interactions.
  • Labour laws on clothing manufacturing factories of fashion brands in emerging economies -  First-world exploitations on the labours of the third are not a new phenomenon. Emerging from historical perspectives, labour laws of fashion brands in emerging and developing economies is a critical juncture of inquiry to highlight neo-colonialism issues.

What is International Labour Law

In conclusion, these interesting yet challenging labour law topics can help you reach the heights of your academic zenith. It is important to note that in addition to attaining assignment help services, you will benefit from expert guidance and tutoring knowledge related to your dissertations. Our industry-level team experts are always on the lookout for providing law assignment help services so that you are not left out in your academics.

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Home » Blog » Dissertation » Topics » Law » Labour Law » 99 Labor Law Dissertation Topics | Research Ideas

labour law related research topics

99 Labor Law Dissertation Topics | Research Ideas

By Liam Sep 3, 2023 in Labour Law , Law | No Comments

Labor law, also known as “employment law” or “employment and labor law.” is a constantly evolving field that deals with the rights, responsibilities, and dynamics between employers and employees. It delves deep into the intricate relationships within the workplace, uncovering a vast array of issues, challenges, and legal nuances that impact the world of work. […]

labour law dissertation topics

Labor law, also known as “ employment law ” or “employment and labor law.” is a constantly evolving field that deals with the rights, responsibilities, and dynamics between employers and employees. It delves deep into the intricate relationships within the workplace, uncovering a vast array of issues, challenges, and legal nuances that impact the world of work. For students pursuing academic exploration at the undergraduate, master’s, or doctoral levels, labor law dissertation topics provide an opportunity to dissect these complexities and contribute to this ever-changing field. Labor law topics go beyond traditional employment regulations, considering the effects of globalization, social media, and technological innovations. This convergence of conventional norms and cutting-edge developments reshapes employees’ and employers’ roles and expectations.

In this blog post, we’ll guide aspiring scholars in labor law through a spectrum of dissertation topics, each offering a unique perspective on the legal intricacies that govern the world of work. Whether you’re interested in employment discrimination, workplace safety, or the impact of gig economy trends, labor law dissertation topics provide a gateway to in-depth exploration and contribution to this ever-evolving legal discipline. As the world of work undergoes profound changes, let’s explore compelling labor law dissertation topics that offer academic growth and practical insights into the legal dynamics of the workplace.

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A List of labor law dissertation topics:

The following is a compilation of labor law research topics to help the learner choose a relevant research title:

Labor law and the gig economy: examining independent contractor rights and protections.

Economic recession and labor law: impacts on employment rights and protections.

Labor law compliance in the sharing economy: legal challenges in peer-to-peer platforms.

Remote work and labor law: examining legal rights and employer responsibilities.

UK Labour laws and human rights – compatibility and differences.

Whistleblower protections and labor law: encouraging reporting and accountability.

Labor law implications of flexible work schedules: adapting to changing employee needs.

Maternity and paternity leave laws: balancing family life and career in the workplace.

Minimum wage legislation: impact, compliance, and legal enforcement.

A comparative analysis of labor law applications in public and private sectors in the UK.

Labor rights in the informal economy: legal measures for vulnerable workers.

Legal dimensions of workforce diversity and inclusion programs: promoting equity and acceptance.

Workplace religious accommodations: balancing beliefs with legal obligations.

Employee privacy rights in the digital age: legal considerations and protections.

Legal implications of telecommuting: assessing remote work arrangements.

Regulation of labor laws in the UK- challenges for the future.

A comparative review of labor laws in the service sector across Europe.

Trade unions and collective bargaining: legal frameworks and implications for workers’ rights.

Clothing manufacture factories of multinational fashion brands in emerging economies- an analysis of labor laws jurisdiction and enforcement.

Worker exploitation in global supply chains : legal frameworks for accountability.

Labor law and remote work arrangements: ensuring fair practices and protections.

Immigrant workers and labor law: examining rights, protections, and challenges.

Worker surveillance technologies and labor law: ethical and regulatory considerations.

Workplace discrimination based on age: legal strategies for protecting older employees.

Labor laws for temporary migrants to the UK- who determines wage rates and how?

Digital transformation and labor law: legal considerations in workforce adaptation.

Is it possible to justify child labor under any circumstance? A review of the socio-economic status of poor countries.

An analysis of the agents for enforcement of labor laws in the UK manufacturing sector.

Labor law compliance in multinational corporations: balancing global and local practices.

Labor law compliance in the gig economy: examining worker classification and rights.

Analysis of Labour laws in the UK and eligibility of cross-cultural workforce.

Legal protections for employees with disabilities: promoting inclusion and accommodation.

Non-discrimination and equal opportunity employment: evaluating labor law compliance.

Worker exploitation in global fashion supply chains: legal measures for accountability.

Labor law and global supply chains: ensuring fair labor practices in international business.

Labor law and artificial intelligence: legal implications in workforce automation.

Legal protections for whistleblowers in corporate settings: encouraging ethical reporting.

Employee surveillance and data privacy: legal boundaries in monitoring technologies.

A comparative study of labor laws in the UK since World War 2- a review of changes and rationale.

Workplace discrimination in the lgbtq+ community: legal strategies for inclusivity.

What does the international labor law look like? Discussion of academic literature.

Employment Law in the UK- drafting, implementation and enforcement issues.

Aging workforce and retirement benefits: legal strategies for transition and security.

The labor law curriculum in UK higher education- a review of the relevancy of academic education to practical implementation.

Workplace safety in hazardous industries: a comprehensive analysis of labor law compliance.

Worker exploitation and forced labor: legal approaches to combat human rights violations.

Employee benefits and labor law: legal health, retirement, and compensation frameworks.

Who enforces labor laws, and how qualified are they? A review of the UK labor laws and survey of enforcement agencies.

Legal implications of artificial intelligence in the workplace: ethical and regulatory considerations.

Legal dimensions of work-life balance policies: assessing effectiveness and impact.

Work-life balance and labor law: assessing policies and legal rights for employees.

Legal aspects of occupational health and safety: ensuring worker well-being.

Does child labor improve the country’s socio-economic conditions or even that family? A long-range economic perspective based on local laws on work in emerging economies.

Labor law and migrant workers: protecting rights in cross-border employment.

Legal implications of mandatory vaccination policies in the workplace: balancing health and rights.

Legal implications of telecommuting policies: balancing flexibility with compliance.

Legal protections for interns and trainees: addressing rights and exploitation.

Parental leave and career advancement: legal considerations for gender equality.

Legal aspects of workplace bullying and mental health: promoting a safe environment.

Legal protections for gig economy workers: navigating the challenges of non-traditional employment.

Labor law and the gig economy: analyzing worker rights and classification.

Disability rights in the workplace: legal measures for inclusivity and accommodation.

Labor law compliance in cross-border mergers and acquisitions: protecting employee rights.

Collective redundancies and labor law: legal frameworks for worker protections.

Labor rights and employee representation: analyzing the role of unions and worker councils.

Workplace discrimination based on sexual orientation: legal strategies for equality.

Health perspectives under labor laws in the UK- a systematic review.

The impact of legal migration on the UK labor market- a review.

Labor rights and gender equality: a legal analysis of pay equity and opportunities.

The online work environment and UK labor laws- how applicable are they currently?

Worker exploitation in agricultural industries: legal frameworks for protecting vulnerable laborers.

Legal dimensions of workplace diversity and inclusion: promoting equal opportunities.

Legal protections for employees in the gig economy: addressing vulnerability and insecurity.

Labor law and technological advancements: legal considerations in the age of automation.

Workplace surveillance and employee rights: balancing security with privacy.

Farm labor, labor laws and immigrants to the UK- an analysis.

Legal implications of workplace harassment and bullying: safeguarding employee well-being.

Labor law and automation in manufacturing: impacts on jobs and workers’ rights.

Legal dimensions of workplace mental health programs: promoting employee well-being.

Labor law and occupational health and safety regulations: ensuring worker protection.

Labor law enforcement in non-profit organizations in the UK.

Remote work and employee rights: a legal examination of telecommuting policies.

Legal implications of employee wellness programs: promoting health and productivity.

Labor law and social media: legal boundaries in employee expression and privacy.

Legal aspects of workplace mental health: promoting well-being and accommodation.

Worker safety in the gig economy: legal protections and challenges in non-traditional work.

Employee autonomy and labor law: balancing worker rights with management authority.

Labor rights and AI-powered hiring practices: addressing bias and discrimination.

Temporary and contract workers’ rights: a legal analysis of protections and challenges.

Employee autonomy and labor law in the age of remote work: rights and responsibilities.

Labor law compliance in the gig economy: a comparative study of international practices.

Employee benefits in the gig economy: legal challenges and strategies for fair compensation.

Labor law and climate change: examining workers’ rights in sustainable industries.

Aging workforce and retirement policies: legal implications for employers and employees.

Legal aspects of workplace harassment prevention: promoting respect and dignity.

Labor law and workforce diversity initiatives: evaluating the impact of inclusive practices.

Legal implications of workplace surveillance in the digital era: privacy and consent.

An overview of labor law implementations and employee-employer relations in the UK software industry.

Worker exploitation in the global food industry: legal frameworks for accountability.

Worker cooperatives and labor law: legal structures and challenges for collective ownership.

Unionization and labor law: Analyzing the role of trade unions in modern workforces.

There you go. Use the list of labor law dissertation topics well and let us know if you have any comments or suggestions for our topics-related blog posts for the future or want help with dissertation writing; send us an email at [email protected] .

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Key Legislation

Government agencies, judicial/administrative decisions, study aids & practice materials, current awareness, professional, advocacy, & research organizations, getting help, getting started.

Labor vs. Employment Law?

Labor law and employment law are related but the terms should not be used interchangeably. Labor law in the United States typically focuses on unions and collective bargaining between unions and employers. By contrast, employment law governs the employment relationship between individual employees and their employer. The two areas of law are closely related but are often distinct areas of legal practice.

This guide will focus on the laws that govern collective bargaining and labor relations in both the private and public sectors and research resources you may find useful. A separate research guide on employment law is in the works.

Federal Legislation - Private Sector

  • Railway Labor Act May 20, 1926, ch. 347, 44 Stat. 577 (1926); 45 U.S.C. §§151-188 Regulates the labor-management relations of railroads and airlines. Created the National Mediation Board and the National Railroad Adjustment Board.
  • Norris-La Guardia Act (a/k/a the Anti-Injunction Bill) The Act of March 23, 1932 (Ch. 90, 47 Stat. 70); 29 U.S.C. §§101-115 Established the right of employees to form unions without employer interference, prevented federal courts from issuing injunctions in nonviolent labor disputes, and made "yellow-dog contracts" (where employees agree to not join a labor union as a condition of employment) unenforceable in federal court.
  • National Labor Relations Act (a/k/a Wagner Act) Pub. L. No. 74-198, 49 Stat. 449 (1935); 29 U.S.C. §§151-169 Guaranteed the right of private sector employees to organize, form union, and bargain collectively with their employers. Created the National Labor Relations Board.
  • Labor Management Relations Act (a/k/a Taft-Hartley Act) Pub. L. No. 80-101, 61 Stat. 136 (1947); 29 U.S.C. §§141-187 Amended the National Labor Relations Act by adding a list of unfair labor practices (by unions) and other requirements and restrictions imposed mainly on unions.
  • Labor-Management Reporting and Disclosure Act (a/k/a Landrum-Griffin Act) Pub. L. No. 86-257, 73 Stat. 519 (1959); 29 U.S.C. §§401-531 Regulates the relationship between a labor organization and its members and imposes certain reporting requirements and fiduciary obligations on labor organizations and their officers. The Department of Labor has exclusive enforcement authority for certain provisions of this statute relating to reporting requirements, trusteeships, and elections. Other provisions of this statute may be enforced by individual union members in federal district court.

Federal Legislation - Public Sector

  • Federal Service Labor-Management Relations Statute (a/k/a The Civil Service Reform Act of 1978 or simply, The Statute) Pub.L. No. 95–454, 92 Stat. 1111 (1978); 5 U.S.C. §§7101-7135 Law establishing collective bargaining rights for federal employees. (Title VII of the Civil Service Reform Act of 1978.) Abolished the U.S. Civil Service Commission and created the Office of Personnel Management, the Merit Systems Protection Board, and the Federal Labor Relations Authority.

Federal Legislative History

  • U.S. Federal Legislative History Library (HeinOnline) Background on the above federal statutes can be found in the collections made available by HeinOnline. The statutes may be searched by Publication Title, Public Law Number, or by the Popular Name of the statute.

State Legislation - Public Sector

  • American Federation of State, County, and Municipal Employees (AFSCME) A collection of links to state public sector collective bargaining laws.

National Labor Relations Board (NLRB)

The National Labor Relations Board (NLRB) is the federal agency charged with the administration and enforcement of the National Labor Relations Act. Consists of two branches: the General Counsel and the National Labor Relations Board. The General Counsel is granted investigative and prosecutorial authority and issues guidance to NLRB staff in the form of memoranda. The 5-person National Labor Relations Board is an adjudicative tribunal that interprets the statute and issues decisions that may be appealed to the US Circuit Courts of Appeal.

  • NLRB Website
  • Regulations (29 C.F.R. § 100.101-103.100) Found in Title 29 Subtitle B Chapter I of the Code of Federal Regulations.
  • NLRB Decisions and Orders The NLRB acts primarily through its decisions and orders, where it either agrees or disagrees with an earlier administrative law judge's ruling on the matter. An NLRB decision may then be appealed directly to the U.S. Circuit Courts of Appeal (as opposed to being appealed at the district court level of the federal courts).
  • Reports & Guidance
  • NLRB Legal Research Resources & Tools

National Mediation Board (NMB)

The National Mediation Board (NMB) is a federal agency designed to facilitate labor-management relations in the nation's railroad and airline industries. Specifically, the NMB regulates the procedures for evaluating requests by employee groups for union representation, acts as a mediator in disputes regarding the terms and conditions of employment, and interprets contract language it helped finalize. Matters in which the NMB has exclusive jurisdiction are subject to very limited review by federal courts.

  • NMB Website
  • Regulations (29 C.F.R. § 1200-1299) Found in Title 29 Subtitle B Chapter X of the Code of Federal Regulations.
  • NMB Determinations

National Railroad Adjustment Board

The National Railroad Adjustment Board (NRAB) is a standing arbitration board that hears and decides disputes regarding the application and interpretation of collective bargaining agreements. Matters in which the NRAB has exclusive jurisdiction are subject to very limited review by federal courts.

  • NRAB Website
  • Regulations (29 C.F.R. § 301.1-301.9) Found in Title 29 Subtitle B Chapter III of the Code of Federal Regulations.

Federal Labor Relations Authority

The Federal Labor Relations Authority (FLRA) is an independent federal agency that governs labor relations between the federal government and its employees.

  • FLRA Website
  • Regulations (5 C.F.R. § 2411.1-2473.1) Found in Title 5 Chapter XIV of the Code of Federal Regulations.
  • FLRA Decisions Includes FLRA Decisions, Administrative Law Judge Decisions, Solicitor's Briefs, archival decisions, and legislative history.

Office of Labor-Management Standards

Part of the Department of Labor, the Office of Labor-Management Standards (OLMS) administers and enforces most provisions of the Labor-Management Reporting and Disclosure Act of 1959. Maintains copies of financial and other reports filed by unions, union officers, employers, etc., as well as union constitutions, by-laws, and collective bargaining agreements. Be sure to also check the website of a particular union, as relevant documents may be posted there as well.

  • OLMS Website
  • Regulations (29 C.F.R. § 400-499) Found in Title 29 Subtitle B Chapters II and IV of the Code of Federal Regulations.
  • Agency Determinations/Decisions Includes Election Decisions, Trusteeship Decisions, and other types of decisions/determinations made by the OLMS.
  • Criminal and Civil Enforcement Actions
  • Online Public Disclosure Room Includes union reports, collective bargaining agreements, and other documentation.

State Labor Agencies

  • US Dept of Labor links to all state labor offices
  • Association of Labor Relations Agencies (ALRA) Links to U.S. state labor relations and mediation agencies and boards.

Agency Websites

Agency websites generally provide access to more recent agency decisions and determinations, though commercial legal research platforms may be easier to search. (See "Government Agencies," above, for more information and links to relevant agencies.)

Commercial Legal Research Platforms

Bloomberg Law ID and password required

  • Bloomberg Law/BNA's Labor PLUS Bloomberg Law's Labor PLUS component (previously known as "BNA Labor PLUS") allows you to access an NLRB Elections database, Work Stoppages database, Unfair Labor Practice Charges database, Settlement Summaries database, Contract Expirations database, and a Collective Bargaining Agreements database. You can also find a Labor Arbitration Awards tracker and more.

Lexis ID and password required

Practice Materials

Image of the physical volume

  • NLRB Casehandling Manual Available from NLRB.gov website In 3 Parts (PDF format). Part 1 - Unfair Labor Practice Proceedings; Part 2 - Representation Proceedings; and Part 3 - Compliance Proceedings.
  • NLRB Forms Available from NLRB.gov website (PDF format). Includes Unfair Labor Practice (ULP) Case Forms, Representation (R) Case Forms, and others.

Restricted Access: HarvardKey or Harvard ID and PIN required

  • Onlabor.org OnLabor is a blog dev­oted to workers, unions, and their politics, founded by Harvard Law School professors Benjamin Sachs and Jack Goldsmith.

Professional Associations

  • ABA Section on Labor and Employment Law The Section's members represent all perspectives of labor and employment law (i.e., management, union, plaintiff, neutral and public) and strives for a balanced discussion of employment issues throughout the world.
  • Labor and Employment Relations Association (LERA) The Labor and Employment Relations Association (LERA) is where professionals interested in all aspects of labor and employment relations network to share ideas and learn about new developments, issues, and practices in the field.

Advocacy & Research Groups

  • AFL-CIO (American Federation of Labor and Congress of Industrial Organization) Website for the largest federation of unions in the U.S. (consisting of 56 national and international unions).
  • The Worker Institute (at Cornell University's ILR School) The Worker Institute engages in research and education on contemporary labor issues, to generate innovative thinking and solutions to problems related to work, economy and society.
  • United Association for Labor Education The United Association for Labor Education is an organization of labor educators launched at the start of the century to promote and encourage the development of labor and worker education, to make labor education accessible to all working people, and to promote collective bargaining and the right to organize.
  • Labor Research & Action Network The Labor Research and Action Network (LRAN) connects academics and labor practitioners to build workplace and economic power for working people in the US.

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Researching International Labour Law

By Erica Friesen and Brianna Storms

Erica Friesen is a Research and Instruction Librarian & Online Learning Specialist at Queen’s University’s Lederman Law Library in Kingston, Canada. She holds an M.I. from the University of Toronto and a B.A. (Hons.) from McGill University. Erica has previously published on artificial intelligence and legal research, including a recent article titled “ The Artificial Researcher: Information Literacy and AI in the Legal Research Classroom ,” 26 Legal Writing 241 (2022). She is a member of the Canadian Association of Law Libraries and the American Association of Law Libraries.

Brianna Storms is a Research and Instruction Law Librarian at Queen’s University in Ontario, Canada. In this role she provides legal research assistance and delivers instructional sessions to students and faculty, as well as to other library patrons from the wider community. Prior to this role, Brianna served as a law association librarian where she delivered library and legal research services to members at various states in their careers (from articling and integrated practice placement students to senior law partners). She earned her Master of Library and Information Science degree from Western University (Ontario, Canada) and holds an Honors Bachelor of Arts degree with an Emphasis in Education from Trent University (Ontario, Canada).

Published January/February 2023

Table of Contents

1. introduction, 2. other research guides, 3.1. reference materials, 3.2. introductory books, 3.3. key journals, 3.4. comparative law resources, 4.1. key documents, 4.2.1. adoption of international labour standards, 4.2.2. finding international labour standards, 4.2.3. ratifications, 4.2.4. fundamental conventions of the ilo, 4.2.5. ilo governance conventions, 4.3. general ilo research starting points, 4.4. ilo department of research, 4.5. ilo library, 4.6. databases, 4.7. statistics, 5.1. regular supervisory system, 5.2. special supervisory procedures, 6.1. un instruments, 6.2. regional instruments, 6.3. bilateral and plurilateral agreements, 7. case law, 8. common themes in international labour law.

International labour law refers to the body of rules and principles concerning the relationship between employers, workers, and governments. This research guide provides a brief overview of introductory resources in international labour law and the major sources of law in this area. The primary responsibility for developing and implementing a system of international labour standards lies with the International Labour Organization (ILO), a specialized United Nations (UN) agency. As such, the ILO is a major focus of this guide. However, it should be noted that international labour law also includes regional sources of law as well as several UN treaties that establish state obligations in this area. These will be described in brief.

An asterisk (*) indicates a resource that must be purchased or accessed via subscription.

Researchers of international labour law will likely find the series of ILO Research Guides helpful as a method of navigating the organization’s vast resources. These guides are organized by topic and resource type, and provide a reference point for locating ILO documents, international labour standards, statistics, useful links, and additional resources. Two other research guides of note are the International/Comparative Labor and HR Research Guide created in support of the New York State School of Industrial and Labor Relations at Cornell University, and the University of Melbourne’s International Labour Law Guide .

3. Secondary Sources

Researchers are encouraged to begin their research into international labour law by locating appropriate secondary sources, including reference materials, books, and journal articles. This section highlights the major secondary sources in this area. The ILO’s Institutional Repository, Labordoc is another source of secondary materials, including ILO-authored books, journal articles, reports, and working papers.

  • Frank Hendrickx, ed, International Encyclopaedia for Labour Law and Industrial Relations * (Kluwer Law International). A comprehensive work including over 100 monographs on country-specific, international, and European aspects of labour law.
  • Franz Christian Ebert & Claire La Hovary, “International Labour Law” in Anne Peters, ed, Max Planck Encyclopedia of Public International Law * (Oxford University Press) . This entry details the historical development of the field, sources of international labour law, and select topics in international labour law.

The below listed books are intended as introductory materials on the subject.

  • International Labour Organization, Rules of the Game: An Introduction to the Standards-Related Work of the International Labour Organization (ILO, 2019). A brief overview of the ILO’s standards, which are presented by theme.
  • Jean-Michel Servais, International Labour Law,* 7th ed (Kluwer Law International, 2022). A survey and analysis of international labour law sources, content, historical development, and barriers.
  • Barbara J Fick, ed, International Labour Law* (Edward Elgar, 2016). A collection of seminal articles about key topics in international labour law, including extensive discussion of the ILO.

Further reading is available by browsing relevant library subject headings. Library of Congress Subject Headings include:

  • Labor laws and legislation, International
  • Forced labor (International law)
  • International labor activities
  • International Labour Office – Privileges and immunities

Many international labour journals are multi- and interdisciplinary in nature and publish articles from a variety of fields including economics, sociology, industrial relations, and history. The International Association of Labour Law Journals is a helpful resource for locating national and international labour law journals, with over 30 member journals from around the world. Key journals include:

  • International Labour Review : A peer-reviewed journal published by the ILO. Available online in English, Spanish, and French.
  • International Journal of Labour Research : Published by the ILO’s Bureau for Workers’ Activities. Available online in English, Spanish, and French.
  • E-Journal of International and Comparative Labour Studies : A peer-reviewed journal published by ADAPT University Press.
  • International Social Security Review *: Published by Wiley on behalf of the International Social Security Association. Available online in English, French, German, and Spanish. Some articles published open access.
  • International Journal of Comparative Labour Law and Industrial Relations *: A peer-reviewed journal published by Kluwer Law International.
  • Comparative Labor Law & Policy Journal *: A peer-reviewed journal published by the University of Illinois College of Law and the International Society for Labor and Social Security Law.

The following tools allow for country-by-country comparison of labour and employment law topics.

  • International Comparative Legal Guide, Employment & Labour Laws and Regulations (on ICLG.com): Open access chapters on ten specific areas of labour and employment law.
  • Matthew Howse et al., eds, Getting the Deal Through: Labour & Employment * (on Lexology PRO). Reference guide allowing users to build a cross-border comparative report.
  • Thomson Reuters, Employment and Employee Benefits Global Guide * (on Practical Law). Tool allowing users to compare answers to questions across multiple jurisdictions.

4. The International Labour Organization (ILO)

The International Labour Organization was established in 1919 and is a specialized United Nations (UN) agency that is “devoted to promoting social justice and internationally recognized human and labour rights” (ILO, Mission and Impact ).

As the only tripartite UN agency, the ILO works with the governments, employers, and workers of member States to establish labour standards, policies, and practice guidelines, and to promote decent work for all workers around the world. Resources available on the ILO website are available in English, French, and Spanish.

  • History of the ILO
  • How the ILO Works
  • ILO Newsroom

The ILO Constitution is a key document that governs all the ILO’s practices and procedures including but not limited to the administration of the annual International Labour Conference, State membership, voting rights and responsibilities, the processes involved in adopting Conventions and Recommendations, supervisory processes, relationships with governments and international organizations, and staff appointments and responsibilities.

The Constitution also states the ILO’s foundational goals and values for creating global standards for labour practices and recognizes the intersection of human rights and economic planning in achieving these goals and enacting social change.

  • Other key documents

4.2. International Labour Standards (ILS)

The main instruments of international labour law are the ILO’s International Labour Standards (ILS). ILS are designed and adopted by the ILO to assist member States in developing national legislation, guidelines, and policies, and in ultimately establishing internationally recognized values and practices related to labour standards, human rights, and economic practices.

ILS are presented as Conventions, Recommendations, and Protocols . Conventions are legally binding international treaties that once ratified by a member State must be put into action. Their implementation and status are subsequently subject to supervision by the ILO (for resources on the ILO’s supervisory process see section 5 of this guide). Protocols, like Conventions, are legally binding international treaties but are adopted with the purpose of amending existing Conventions. Recommendations serve as non-binding guidelines that can either be independent or linked to a specific Convention. The goal of a Recommendation is to assist ratifying member States to create and put into action policies and guidelines.

Conventions, Recommendations, and Protocols are created and presented by representatives of governments, employers, and workers to be considered and adopted by the ILO at the annual International Labour Conference . Once a standard is enacted, member States have the option of ratifying any Conventions or Protocols ( ILO, How International Labour Standards are Used, 2022 ).

The adoption of ILS by the ILO occurs through a multi-step process with the direct involvement of representatives from member State governments, workers, and employers.

For more information about the ILO’s procedure for adopting labour standards, see:

  • International Labour Standards Department, Handbook of Procedures Relating to International Labour Conventions and Recommendations (Centenary Edition 2019) (ILO, 2019).

The ILO database NORMLEX provides access to information on ILS.

  • Conventions
  • Recommendations
  • Conventions and Recommendations by Subject and Status
  • Standards Reviews: Decisions on Status

The ILO database NORMLEX allows several methods of researching State ratifications of standards.

  • Most Recent Ratifications
  • Ratification by Convention
  • Ratifications by Country
  • Ratifications Comparative

The ILO has determined that the following Conventions are “fundamental.” This means that the topics covered by these Conventions represent fundamental principles and rights. The ILO also encourages all member States to ratify these Conventions.

  • Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87)
  • Right to Organise and Collective Bargaining Convention, 1949 (No. 98)
  • Forced Labour Convention, 1930 (No. 29 ) > 2014 Protocol
  • Abolition of Forced Labour Convention, 1957 (No. 105)
  • Minimum Age Convention, 1973 (No. 138)
  • Worst Forms of Child Labour Convention, 1999 (No. 182)
  • Equal Remuneration Convention, 1951 (No. 100)
  • Discrimination (Employment and Occupation) Convention, 1958 (No. 111)
  • Occupational Safety and Health Convention, 1981 (No. 155)
  • Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187)

The following ILO Conventions are considered governance instruments that are key to the international labour standards system.

  • Labour Inspection Convention, 1947 (No. 81)
  • Employment Policy Convention, 1964 (No. 122)
  • Labour Inspection (Agriculture) Convention, 1969 (No.129)
  • Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)

The ILO offers researchers over 40 topic-based research starting points including a labour law topic guide .

Researchers can also search for jurisdiction-specific information . Select a region from the list to investigate national labour laws, standards, policies, statistics, and more.

The ILO also has the option for researchers to search for information based on industry and sector . Search over 20 industries and sectors, such as health services, education, agriculture, and commerce for recent publications, region/country specific resources, news, and more.

The ILO’s Research Department conducts research “with the aim of contributing to policy formulation for ILO constituents” (ILO, About the Research Department ). Major publication formats include the following.

Flagship Reports

The ILO’s Flagship Reports provide information on labour and social trends, statistics, and issues confronting policy makers and researchers in the field of labour, human rights, and economic planning. Topics in the reports include the effective governance of work, assessments of the current state of the labour market, current work issues, social security, and wage statistics. Reports available to view online:

  • Social Dialogue Report
  • World Employment and Social Outlook
  • World Employment and Social Outlook: Trends
  • World Social Protection Report
  • Global Wage Report

Papers and Briefs

ILO Papers and Briefs is an index of peer-reviewed articles that provides researchers evidence-based research on labour and employment issues, policies, and current problems. ILO Papers and Briefs include access to the Department of Research’s working papers .

Books and Reports

Search the ILO’s published and forthcoming books and reports . All books and reports are open access and available online. Search books and reports by keyword, month and year of publication, and subject. Books and report topics include: the labour market, occupational health and safety, social protection, decent work, women workers, statistics, and more.

Located in Geneva, Switzerland, the International Labour Organization Library is a source for information on international labour and employment law and practice standards. The ILO Library is a repository for all the electronic and print ILO publications produced around the world and offers users many information resources and discovery tools.

LabourDiscovery is the ILO Library’s catalogue. Using the simple search or the advanced search page, discover documents from the ILO’s institutional repository LaborDoc, find journal articles, search the ILO’s digital collection, search over 100 databases, and search topic specific research guides.

LaborDoc is the ILO’s institutional repository where users will find hundreds of thousands of current and historical books, journal articles, reports, working papers, and other resources produced by the ILO.

The ILO’s A to Z list of Databases page directs users to over 100 multidisciplinary databases providing information on international labour and employment. Filter databases based on topic, database type, and language.

ILO Labour Law Databases:

  • NORMLEX : Search for information on International Labour Standards including ratification and reporting information, and national labour and social security laws.
  • NATLEX: Search full text and abstracts of national legislation concerning labour law and related themes (e.g., human rights).
  • All ILO Legal Databases

ILOStat is an open access database for international labour statistics. Maintained by the ILO’s Department of Statistics, ILOStat provides users labour statistics, research methods, and data analysis reports. Search by:

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  • Data Catalogue : The Data Catalogue provides users access to all the available data in ILOStat.
  • Country Profiles : Search for the latest decent work statistics by country.
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  • Resources : The Resources page provides users access to other statistical resources including statistical guidance for labour producers. One of the most popular resources is the Concepts and Definitions page.
  • See the Get Started page for tips on site navigation, filtering and browsing options, and available data tools.

5. Supervising International Labour Standards

The ILO has in place a supervisory system to ensure that member States put into action the Conventions they choose to ratify. There are two prongs to this system: the regular system and the special procedures supervision process. The ILO does not just supervise member States, but also offers technical assistance to member States to solve issues and promote the implementation of national labour standards.

Member States are required to submit to the ILO regular reports concerning the status of adopted Conventions and the general adoption of labour, human rights, and economic standards. These submitted reports are reviewed and analyzed by the Committee of Experts on the Application of Conventions and Recommendations and The International Labour Conference’s Tripartite Committee on the Application of Conventions and Recommendations .

Starting points for finding documents relating to the regular supervisory system:

  • Reports from the Committee of Experts (1932-2018)
  • Reports from the Committee of Experts (2018-present)
  • Meetings and Reports of the Conference Committee on the Application of Standards
  • Comments by Supervisory Bodies
  • General Surveys (1985 to present)

Additional supervisory mechanisms exist under the ILO’s special procedures:

  • Representations : An association of employees or workers may present to the ILO a representation expressing that a member State has ineffectively implemented a Convention they agreed to ratify.
  • Complaints : A complaint may be filed by one member State against another member State. The ILO may then establish a Commission of Inquiry to investigate the complaint and produce recommendations to address the identified problems.
  • The Committee on Freedom of Association : The Committee on Freedom of Association is another supervisory process created by the ILO to investigate complaints relating to freedom of association.

Starting points for finding documents related to special supervisory procedures:

  • Representations
  • Complaints/Commissions of Inquiry
  • Supervision by Country
  • Special Procedures for the Examination in the International Labour Organization of Complaints Alleging Violation of Freedom of Association
  • Freedom of Association Cases (complaints and associated reports from the Freedom of Association Committee)

6. Other Sources of International Labour Law

While the ILO holds the primary responsibility for developing and maintaining international labour law standards, other legal instruments exist at the international and regional levels.

Several UN instruments have enshrined human rights in relation to work. These include:

  • International Convention on the Elimination of All Forms of Racial Discrimination (21 December 1965), 660 UNTS 195
  • International Covenant on Economic, Social and Cultural Rights (16 December 1966), 993 UNTS 3
  • International Covenant on Civil and Political Rights (16 December 1966), 999 UNTS 171
  • Convention on the Elimination of All Forms of Discrimination Against Women (18 December 1979), 1249 UNTS 13
  • Convention on the Rights of the Child (20 November 1989), 1577 UNTS 3
  • International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (18 December 1990), 2220 UNTS 3
  • Convention on the Rights of Persons with Disabilities (13 December 2006), 2515 UNTS 3

In addition to universal instruments, international labour law also comprises instruments that cover labour issues agreed upon at a regional level.

Some relevant organizations with the authority to create regional instruments include:

  • The Andean Community (CAN): CAN is an international organization with member States Bolivia, Colombia, Ecuador, and Peru and has created several regional instruments on labour law. Disputes that arise in relation to these instruments can be settled in the Court of Justice of the Andean Community .
  • The Arab Labor Organization (ALO): The ALO includes 21 member States representing all Arab countries. The organization creates Conventions and Recommendations that can then be adopted by the Arab Labor Conference. Member States must submit reports on the implementation of instruments at the national level for review by the ALO.
  • The European Union (EU): The EU adopts directives that dictate minimum labour law requirements for member States. These directives are then incorporated into national laws and enforcement schemes. National courts can refer any issues that arise surrounding the interpretation of these EU directives to the Court of Justice of the European Union .

Certain bilateral and plurilateral treaties can include labour law provisions. For instance, an increasing number of trade agreements include labour provisions. The ILO provides a Selection of Relevant Publications on this emerging area of international labour law.

One key resource for researching these instruments is the ILO’s Labour Provisions in Trade Agreements Hub , which includes the text of labour provisions in more than 100 regional trade agreements. The Hub allows a researcher to search by trade partner or trade agreement. It also provides a classification of labour provisions to facilitate the location of provisions within and across agreements.

Sources of international labour law jurisprudence are varied and can be found at the international, regional, and national levels.

The International Court of Justice (ICJ) is the only body competent to give authoritative interpretations of ILO Conventions. However, the ICJ has never exercised this authority other than a handful of advisory opinions that were handed down by its predecessor, the Permanent Court of International Justice , in the 1920s and 1930s (ILO, Interpretation ). Instead, the interpretation of ILO standards is generally provided by the ILO’s supervisory bodies (see section 5 for these sources).

Regional and national courts may also rely on and cite ILO instruments. Researchers seeking a specific jurisdiction’s case law are recommended to consult case law sources in that region, or other sources such as WorldLII , a case law and legislation database covering 123 jurisdictions from 14 Legal Information Institutes . Regional human rights courts can also be a source of case law in relation to fundamental rights in the workplace, such as the European Court of Human Rights and the Inter-American Court of Human Rights .

Key Sources of Case Law

The ILO’s Compendium of Court Decisions is a database containing select case law from international and national courts that have interpreted and/or applied international labour standards in their decisions. Search case law concerning labour law and human rights by country, court, and subject.

The journal International Labor Rights Case Law * provides key international cases and annotations in this area and is published once per year.

Common themes in international labour law include the following.

Child Labour refers to work that “deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development” ( International Programme on the Elimination of Child Labour ). International labour standards in this area include minimum age conventions as well as the Worst Forms of Child Labour Convention, 1999 (No. 182) . For further research assistance on this theme, see the ILO Research Guide: Child Labour .

Collective Bargaining is recognized as a fundamental right in the ILO Constitution as well as in the ILO Declaration on Fundamental Principles and Rights at Work (1998) . Employers, their organizations, and trade unions establish fair wages and working conditions through collective bargaining as they negotiate issues such as wages, hours of work, and operational health and safety. Relevant ILO standards include Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) ; Right to Organise and Collective Bargaining Convention, 1949 (No. 98) ; and Collective Bargaining Convention, 1981 (No. 154) . For further research assistance on this theme, see the ILO Research Guide: Collective Bargaining .

Forced Labour means any work that is “exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily” ( ILO Forced Labour Convention, 1930 (No. 29) ). Relevant ILO standards include Protocol of 2014 to the Forced Labour Convention, 1930 , and Abolition of Forced Labour Convention, 1957 (No. 105) . The ILO database NATLEX provides access to national legislation on the elimination of forced labour. For further research assistance on this theme, see the ILO Research Guide: Forced Labour .

Gender Equality is a key outcome of all ILO policies and standards. Relevant subtopics represented by ILO instruments include Equal Remuneration Convention, 1951 (No. 100) , Discrimination (Employment and Occupation) Convention, 1958 (No. 111) , Maternity Protection Convention, 2000 (No. 183) , and Violence and Harassment Convention, 2019 (No. 190) . For further research assistance on this theme, see the ILO Research Guide: Gender Equality .

Labour Migration refers to the movement of people across borders for work. Issues of concern for these workers include high instances of abuse and exploitation. ILO instruments include Migration for Employment Convention, 1939 (No. 66) ; Migration for Employment (Revised) Convention, 1949 (No. 97) ; and Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) . For further research assistance on this theme, see the ILO Research Guide: International Labour Migration .

Minimum Wage refers to any system under which a wage floor is determined for all wage earners to ensure “a minimum level of pay protection” ( The Fundamentals of Minimum Wage Fixing, 2005 ). The procedures and systems created to achieve this result can vary widely. The ILO database NATLEX provides access to national legislation on wages. Relevant ILO standards include Minimum Wage-Fixing Machinery Convention, 1928 (No. 26) ; Equal Remuneration Convention, 1951 (No. 100) ; and Minimum Wage Fixing Convention, 1970 (No. 131) . For further research assistance on this theme, see the ILO Research Guide: Minimum Wage .

Social Security programmes and systems provide individuals with income security in the event of factors such as old age, incapacity, disability, unemployment, or childbirth. Relevant ILO standards include Social Security (Minimum Standards) Convention, 1952 (No. 102) ; Social Protection Floors Recommendation, 2012 (No. 202) ; Equality of Treatment (Social Security) Convention, 1962 (No. 118) ; and Maintenance of Social Security Rights Convention, 1982 (No. 157) . The International Social Security Association publishes country profiles that outline social security systems in over 180 countries and territories in conjunction with the United States Social Security Administration. For further research assistance on this theme, see International Labour Standards on Social Security .

Youth Employment is a topic of concern to the ILO due to the persistent challenges that young people face finding opportunities in the labour market. The ILO database YouthPOL provides access to national policies and legislation affecting youth employment. For further research assistance on this theme, see the ILO Research Guide: Youth Employment .

Revue de droit comparé du travail et de la sécurité sociale

Accueil Numéros 4 Comparative labour law literature Labour law beyond national border...

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Labour law beyond national borders: major debates in 2017

Notes de l’auteur.

While this study is the result of the combined intellectual contributions of all the authors, § 1 was written by Daniela Izzi, § 2 by Mariapaola Aimo and § 3 by Rudolf Buschmann. The authors would like to thank the colleagues (Gian Guido Balandi, Marialaura Birgillito, Silvia Borelli, Matteo Borzaga, Isabelle Daugareilh, Sebastián de Soto Rioja, Manuel Antonio García-Muñoz Alhambra, Eva Maria Hohnerlein, Eri Kasagi, Barbara Kresal, Sandrine Laviolette, Steven Willborn) who helped list and translate all indexes for the journals taken into account. The present overview is dedicated to the memory of our colleague Sandrine Laviolette.

Texte intégral

  • 2 For a complete list see www .labourlawjournals.com . Besides, the list of all journals’ abreviations (...)
  • 3 We refer to the following journals: Análisis Laboral (Perù), Industrial Law Journal (South Africa), (...)

1 The present article will provide an overview – the sixth of its kind since 2013, when the first “edition” was published by Lavoro e diritto and Revue de Droit comparé du Travail et de la Sécurité sociale – on the main topics analysed in the majority of the journals belonging to the International Association of Labour Law Journals (IALLJ) 2 throughout 2017. More specifically, the article reviews the issues addressed in twenty-four out of the Association’s thirty member journals. The remaining journals were not examined chiefly because of accessibility or language barriers 3 .

2 As regards the subjects selected for consideration, the authors decided to focus on three topic groups that reflect the major interests shown by IALLJ scholars in the large number of articles under review. This overview is thus divided into three sections: I) Towards an inclusive working society?; II) The transformations of work: new challenges and new risks “test” the law; III) Perspectives for collective labour law.

I – Towards an Inclusive Working Society?

3 Numerous essays published in the journals under review dealt with different aspects of the efforts to build more inclusive societies, an ambitious aim in which labour law and social security systems at both national and international levels are deeply involved.

4 Among the steps required in order to move in this direction, an important role is undoubtedly played all over the world by anti-discrimination rules which seek to overcome the problem – widely experienced in the labour sphere – of the adverse treatment of individuals belonging to groups with certain “risky” characteristics. Indeed, a large number of 2017 IALLJ articles focussed on specific sections of anti-discrimination law, considering the negative impact on employment of gender, age, disability, race and religion (see §§ 1.1, 1.2 and 1.4), while other papers investigated the related theme of work-life balance, which was also examined from the perspective of gendered, ageing and incompletely healthy working societies (see § 1.3).

  • 4 A. Chapman, B. Gaze, A. Orifici, “Substantive equality at work: Still elusive under Australia’s Fai (...)

5 Attention was also devoted to the more general debate about the current obstacles to the legal fight against the various kinds of discrimination which have prevented substantial equality at work from being achieved. As the dialogue on this topic between scholars in different common law countries has shown, there are procedural or institutional shortcomings even in nations with long-standing experience in anti-discrimination protection such as the USA and UK. Even more far-reaching difficulties have emerged on this front in Australia, notwithstanding the legal reform of a few years ago that enabled workers to bring a claim alleging discrimination beyond the limited context of termination of the employment 4 .

  • 5 O’Cinneide “Values, rights and Brexit - Lessons to be learnt from the slow evolution of United King (...)
  • 6 See E. Ales, “Il Modello Sociale Europeo dopo la crisi: una mutazione genetica?”, DLM , 2017, 3, p. (...)

6 From the European standpoint, the «transformative effect» that the EU has had on UK anti-discrimination law is of particular interest in this international discussion. This effect was largely the result of the «purposive and right-centred approach» developed by the Court of Justice, whose «leavening influence» may survive the rupturing impact of Brexit 5 . Indeed, in the old continent the debate on the building of inclusive working societies also addressed many questions relating to the uncertain identity of the European Social Model in the time of Brexit 6 .

A - The ongoing pursuit of gender equality

  • 7 M. Smith, R. Layton, A. Stewart, “Inclusion, Reversal, or Displacement: Classifying Regulatory Appr (...)
  • 8 M. Smith, A. Stewart, “Shall I compare thee to a fitter and turner? The role of comparators in pay (...)
  • 9 From a different angle, for the potential of International Free Trade Agreements for improving the (...)

7 Not surprisingly, the old but still unresolved problem of gender inequalities continued to attract attention in IALL journals in 2017. As befits its global dimension, the classical question of pay equity received worldwide consideration. The various national jurisdictions take regulatory approaches that show many areas of difference 7 , including the tests utilized to assess whether the objective of equal remuneration for work of equal value is met (here, the choice of comparator is a crucial issue 8 ), whether they permit individual or collective complaints, and the scope of remedies available to applicants 9 .

  • 10 K. Nebe, B. Graue, “Die Reform des Mutterschutzgesetzes”, AuR , 2017, 11, p. 437. S. Rodríguez S. Es (...)
  • 11 M.B. Cardona Rubert, “Discriminación por fecundación in vitro: la nueva frontera al derecho de la t (...)
  • 12 B.d.M.López Insua, “Maternidad subrogada y protección del menor desde una perspectiva integradora: (...)

8 By contrast, reflections on maternity rights and anti-discrimination protection of working women during pregnancy, the postpartum period and breastfeeding have been more Eurocentric 10 . This discussion (concentrated in Spanish journals, but present also in Germany, where a new act on maternity protection was about to come into force) also considered the new legal questions posed by in vitro fertilization 11 and surrogate maternity 12 .

  • 13 A. Garrigues Giménez, “Hacia un nuevo paradigma (no androcéntrico) en la prevención de riesgos labo (...)

14 J. Conaghan, “Labour Law and Feminist Method ” , IJCLLIR , 2017, 1, p.93.

9 An interesting essay concerning the prevention of women’s occupational risks, in general rather than only in the maternity sphere, emphasized the urgency of overcoming the traditional androcentric standards adopted by regulations on workers’ health and safety, in view of the significant gender differences that have come to light in biomedical studies 13 . This revision could be considered a striking example of application to labour law issues of the feminist method, which it would be reductive to interpret as stemming solely from gender equality concerns, overlooking its broader conceptual utility for the social organization of work and its regulation 14 .

B - Older and disabled persons in the labour market

  • 15 On the situation in Japan, for example, see K. Inamori, “Current Situation and Problems of Legislat (...)

10 The specific demands that an ageing population poses for labour law and social security systems were the central issue in several articles published in the IALL journals, especially but not exclusively in those emanating from Europe 15 .

  • 16 A. Vaitkeviciute, “Prohibition of Age Discrimination in the Labour Market – Case Study of Finland i (...)
  • 17 P.B. Berg, M.K. Hamman, M.M. Piszczek, C.J. Ruhm, “The relationship between employer-provided train (...)
  • 18 For an in-depth analysis see E. Jeong, “The relationship between youth employment and older persons (...)
  • 19 On the latter, see M. Rodríguez-Piñero y Bravo-Ferrer, “Discriminación por razón de edad y trabajad (...)

11 The authors focussed on the different tools that may prove useful in ensuring longer working careers and improving elderly people’s chances of remaining in employment, even after retirement age. These tools include prohibiting age discrimination and strengthening the legal measures for preventing it 16 as well as incentives such as employer-provided training programmes 17 . Older persons’ employment, in contrast with the “lump of labour” theory that in past decades encouraged the expansion of early retirement policies, is found to be positively correlated with youth employment 18 . There are thus no scientific reasons to oppose labour market protections for both older and younger people 19 .

12 Demographic changes, on the one hand, and the stimulus provided by the UN Convention on the Rights of Persons with Disabilities (ratified by the EU in 2010), on the other, may explain IALLJ scholars’ widespread interest in disability and the related anti-discrimination provisions.

  • 20 L.J. Dueñas Herrero, “La situación de incapacidad temporal puede ser motivo de discriminación? La f (...)
  • 21 E. Purdue, “Scoping reasonable adjustments in the workplace: A comparative analysis of an employer’ (...)

13 The evolution in the concept of disability called for by the Convention and reflected in recent CJEU case law involving situations of temporary work incapacity and long-term illness has put significant pressure on traditional labour rules, especially those on dismissals 20 . This pressure is also the result of the employer’s obligation to provide reasonable accommodation for disabled workers: an obligation that plays a crucial role in the route towards full inclusion and equality for people with disabilities, and is analysed chiefly in terms of the extent to which employers are required to reorganise the workplace 21 .

  • 22 N. Jakab, I. Hoffman,G. Konczei, “Rehabilitation of people with disabilities in Hungary - Questions (...)
  • 23 I. Borghouts-van de Pas, C. Freese, “Inclusive HRM and Employment Security for Disabled People: An (...)

14 Obviously, legal efforts to promote the inclusion of disabled persons in the workplace may contribute significantly to reducing public expenditure on disability benefits 22 . Even if classical active labour market policies are still the prevalent answer to the need to help disabled people return to work, a number of innovative «inclusive human resource management» policies have attempted in recent years to involve employers in this challenging task 23 .

C - The widespread need for work-life balance

  • 24 See, inter alia , S. Bernstein, “Addressing Work-Family Conflict in Quebec: The Gap between Policy D (...)
  • 25 As stressed by Inamori, op. cit. , and M. Kurzynoga, “Working and Caring – Polish Regulations in the (...)

15 A very lively debate involving researchers from all over the world revolved around the multifaceted topic of reconciliation of work and private life. Here, private life mainly means family life and thus involves the workers’ role as caregivers for dependent relatives: children, primarily 24 , but also increasingly the elderly, as a result of the demographic changes 25 .

  • 26 Specifically, the intention to “close the gap between research and policy by bringing together the (...)
  • 27 M. Basterra Hernández, “Las reducciones y adaptaciones de jornada en atención a las necesidades per (...)
  • 28 T. Warren , “Work-Life Balance, Time and Money: Identifying the Work-Life Balance Priorities of Work (...)
  • 29 Y. Yajima, “Frameworks for Balancing Work and Long-Term Care Duties, and Support Needed from Enterp (...)
  • 30 See respectively Inamori, op. cit. , and S. Ikeda, “Family Care Leave and Job Quitting due to Caregi (...)

16 The authors contributing to this debate advanced a very wide range of proposals, starting from the idea that work-life balance is not only an individual responsibility but requires support from policies at different levels 26 . The extreme variety of the issues addressed in the articles – from the more classical questions of working time arrangements and family leaves 27 , to the unusual link established between work-life imbalance and short, irregular and poorly paid jobs 28 – makes it difficult to convey their essential contents or conclusions in a few words. However, some general points should be mentioned, such as the suggestion that enterprises can play an important role in encouraging caregiver employees in their «management of care services and division of duties» 29 , as well as the need to address the low level of take-up for care leaves provided by legislation and the associated risk of job quitting that has been found in Japan 30 .

  • 31 See Bernstein, op. cit. , I. Matzner-Heruti , “This Is Not an Ideal, Man”: Restructuring the Ideal W (...)
  • 32 As noted by B. Kresal , “La conciliation travail-famille et l’égalité professionnelle entre les femm (...)
  • 33 In this connection, see Matzner-Heruti, op. cit. On the problematic interplay between masculinity a (...)

17 These points are in line with the need to overcome the conception of the ideal worker as one who has no family responsibilities, which continues to prevail in law and is reinforced on a daily basis by organizations 31 . A more realistic and sustainable normative model would certainly be helpful to working women and mothers, whose parental duties still curtail their opportunities on the labour market and in professional careers 32 . Less obviously, this conceptual revision would significantly benefit men and fathers, rejecting the masculine imperatives associated with the male breadwinner model, whereby deviations from men’s traditional gendered roles jeopardize both their work status and their manly façade 33 .

D - Multi-ethnic societies and work: the issue of the Islamic headscarf and the challenges of immigration

18 Considering the ongoing increase in labour migrations and their global relevance, it is not surprising that in 2017, as in previous years, a sizeable number of IALLJ articles dealt with the multiple legal implications of this phenomenon, which is undoubtedly challenging from many points of view. However, a new topic associated with our multi-ethnic societies began to command attention in 2017, viz., the conflict between employees’ freedom of religion and employers’ interest in pursuing a policy of neutrality triggered by wearing Islamic headscarves in the workplace.

  • 34 V. Narain, “Gender, Religion and Workplace: Reimagining Reasonable Accommodation”, CL&ELJ , 2017, vo (...)

35 See Sychenko, op. cit. , p. 121.

  • 36 G. Busschaert, S. De Somer, “You Can Leave Your Hat on, but Not Your Headscarf: No Direct Discrimin (...)
  • 37 K. Alidadi, “Religion and unemployment benefits: Comparing Belgium, the Netherlands and Great Brita (...)

19 Though the issue of protection from religious discrimination is also debated outside Europe (e.g., in Canada, where – again focusing on the dress of Muslim women – the model of multiculturalism adopted for diversity management is criticized by scholars for opposite reasons 34 ), it is in the old continent that the discussion became particularly animated, and not by chance. In the Achbita and Bougnaoui judgments – two cases in which Muslim women were dismissed because they refused to remove their headscarves when coming into contact with customers – the CJEU had for the first time to address the delicate problem of the limits of the employees’ rights to manifest their religion in the workplace. Following an approach largely based on human rights thinking from the ECtHR (whose achievements in protecting freedom of religion are actually rather modest 35 ), the CJEU ruled that company policies prohibiting headscarves do not constitute direct discrimination on the basis of religion as banned by Directive 2000/78. The Court’s reasoning and conclusions gave rise to many critical assessments 36 , as well as widespread regret for a missed opportunity to serve both the equality aims of antidiscrimination law and the cause of European integration. Cases of dismissals or resignations of employees belonging to religious minorities, indeed, are by no means rare in the EU, as attested by a comparative investigation of the impact of these situations on claims to unemployment benefits 37 .

20 Another wider subject involving competing visions of an inclusive society is the management of economic migration flows and the alien workforce: a global phenomenon which, as was mentioned earlier, proved to be of particular interest to experts in labour law and social security.

  • 38 Its utility and current shortcomings are discussed by J.M. Servais, “Le droit international social (...)
  • 39 F. Elorza Guerrero, “The Regulation of Immigrant Labour in Spain: Ordinary Migration & Selective Mi (...)
  • 40 See respectively C.F. Wright, S. Clibborn, “Back Door, Side Door, or Front Door? An Emerging De-Fac (...)
  • 41 See respectively C. Bales, “Immigration Raids, Employer Collusion and the Immigration Act 2016”, IL (...)
  • 42 See above all A. Garilli, “Immigrati e diritti sociali: parità di trattamento e tutela multilivello (...)
  • 43 S. Ariyawansa, “A Red-Tape Band-Aid or a Solution? Lessons from the United Kingdom’s Gangmasters (L (...)
  • 44 L. Calafà, “Lavoro irregolare (degli stranieri) e sanzioni. Il caso italiano”, LD , 2017, 1, p. 67. (...)

21 Though international migration law 38 promotes respect for the rights of immigrant workers, national regulations and practices often contradict this trend 39 . Indeed, many articles investigated the interaction of migration controls and labour rules, focusing on the specific situations of different countries around the world, including Australia, Canada, South Korea and Japan 40 and, in Europe, the United Kingdom, Ireland and Spain 41 . However, the most extensive analysis was undoubtedly centred on Italy, the state with the most critical geographical position in the EU, where IALLJ scholars attempted to clarify the protection granted to immigrant workers in the light of the principle of equality between cives and non cives , taking the multilevel legal framework into account 42 . In general, the different national regulations on temporary labour migration attracted a good deal of attention 43 , while the scientific debate did not neglect the particularly vulnerable condition of irregular migrant workers 44 .

II – The transformations of work: new challenges and new risks “test” the law

22 Sweeping changes in the labour market – driven by the technological and organizational innovation associated with the so-called digital world, as well as by demographic, geographical and environmental factors – have brought new business models, new forms of work organization and new working relationships to the fore.

23 On this general subject, the 2017 IALLJ articles address many heterogeneous sub-topics, and some of them are of particular interest for this overview. They can be divided into four main areas: the first deals with the issue of non-standard work and precariousness; the second focuses on the “grey” area between employment and self-employment and is thus related to the third, which deals with the role of labour law protection for the emergent “digital workforce”; while the fourth and last topic addresses the impact of the expanding use of ICT on workers’ rights.

A - Atypical work and precariousness

24 In 2017, as in recent years, a number of articles in IALLJ member journals dealt with the issue of non-standard work and precariousness, which has been broadly discussed in past overviews.

  • 45 M.E. Casas Baamonde, “Precariedad del trabajo y formas atípicas de empleo, viejas y nuevas ¿Hacia u (...)
  • 46 See P. Schoukens, A. Barrio, “The changing concept of work: When does typical work become atypical? (...)
  • 47 V. De Stefano, “Non-Standard Work and Limits on Freedom of Association: A Human Rights- Based Appro (...)

25 As we know, the standard employment contract (defined as a stable, open-ended and direct arrangement between a dependent, full-time employee and his/her unitary employer) has been the prevalent model for regulating work, while non-standard forms of work have been presented as exceptions to the norm. As such, they have often received different treatment: the debate on how to adjust existing regulation to keep pace with the rise and spread of the non-standard workforce worldwide continued in 2017 IALLJ journals, both in general 45 and with regard to issues relating to social security and collective rights. Regarding social security guarantees, different flexible forms of work may put workers at a disadvantage: either in acquiring entitlement to social insurance benefits, as their instability may prevent them from reaching the required minimum period for accessing certain benefits such as unemployment insurance or a full pension, or because their lower and slower-growing wages may be reflected in the level of these benefits 46 . Concerning the regulation of collective rights, many of the existing limitations and restrictions on the freedom of association, the right to collective bargaining and the right to strike (such as antitrust bans on collective bargaining, mandatory strike ballots, the distinction between political and economic strikes, etc.) disproportionately affect non-standard workers, putting the meaningful exercise of collective rights at risk. In this connection, it has been argued that existing restrictions and limits on collective rights must be revised to ensure that they are compatible with a human rights approach 47 .

  • 48 Above all of non-EU migrant workers, see Papa, op. cit. M.E. Zoeteweij-Turhan, “The Seasonal Worker (...)
  • 49 A. Sanders, “Fairness in the Contract of Employment”, ILJ , 2017, vol. 46, 4, p. 508. A.C.L. Davies, (...)

50 N. Scortegagna Kavčnik, “Placilo in drugi pravni vidiki študentskega dela”, E&E , 2017, 2/3, p. 243.

  • 51 A. Allamprese, L’associazione in partecipazione con associato d’opera: un tipo contrattuale «sospet (...)
  • 52 G. García González, “Derechos sociales y empleados del hogar: reformas jurídicas inaplazables para (...)

26 Regarding the so-called atypical work relationships, IALLJ scholars most frequently examined fixed-term contracts on the one hand, and temporary agency work on the other (apart from the so-called platform work which will be examined below, in § 1.4). Some authors have also considered other non-standard forms of employment, such as seasonal work 48 , “zero hours contracts” or casual work in the UK 49 , occasional work in Slovenia 50 , “association in participation” contracts in Italy 51 , as well as some traditional forms of precarious work such as domestic work in Spain 52 .

27 With regard to fixed-term employment, the majority of articles were published in Spanish journals or in journals of EU-wide interest.

  • 53 S. Krebber, “Die unionsrechtlichen Vorgaben zur Zulässigkeit der Befristung von Arbeitsverhältnisse (...)
  • 54 S. Kamanabrou, “Successful Rules on Successive Fixed-Term Contracts?”, ICLLIR , vol. 33, 2017, 2, p. (...)

28 First, some of the articles under review analysed the Framework Agreement on Fixed-term Work, later transposed into Council Directive 1999/70, discussing CJEU case-law 53 and questioning, in particular, whether the Directive has achieved its goal of bringing about the approximation of the domestic laws on successive fixed-term employment contracts in the EU Member States 54 . In the latter connection, Kamanabrou’s comparative study of fifteen Member States showed that, despite substantial differences in the details, the level of protection in the Member States is essentially comparable. Nevertheless, protection against abuse of successive fixed-term contracts is still rather low, but this is due to the fact that the Framework agreement can offer protection to workers only within the limits of its provisions.

  • 55 T. Sala Franco, E. López Terrada, “Propuestas para un debate sobre la reforma de la contratación te (...)
  • 56 M.E. Casas Baamonde, “La contratación temporal: problemas y soluciones. Un debate necesario”, DRL , (...)
  • 57 T. Sala Franco, “Acerca de la Directiva comunitaria 1999/70, sobre el trabajo de duración determina (...)
  • 58 A. López Hernández, ”La contratación laboral temporal a partir del caso de Diego Porras (asunto C-5 (...)

29 Second, the debate in the Spanish journals concentrated on the current regulation on fixed-term contracts in Spain (where the temporality rate is very high, i.e., 26.3% in 2016), emphasizing the inadequacy of this regulation and calling for its urgent reform 55 . The law does not distinguish, as it should, between the temporary contracts that meet real seasonal and conjunctural needs of the production system and their improper, fraudulent or abusive use as an unwarranted technique of contractual flexibility 56 . More specifically, several authors focused on the CJEU ruling in the De Diego Porras case and its “sequel” in Spain. Here, the Court of Justice declared that the difference between the termination regime for temporary replacement contracts and permanent contracts is discriminatory inasmuch as compensation is provided only for the latter. This judgement set off a real “tsunami” 57 in Spanish judicial doctrine and raised questions about whether the De Diego Porras decision applies to other temporary contractual arrangements 58 .

  • 59 See, for example, M. Debono, V. Marmarà, “Perceived Precarious Employment in Malta”, E-JICLS , 2017, (...)

60 P. Monda, “Il lavoro a tempo determinato del dirigente privato e pubblico”, DRI , 2017, 4, p. 1081.

61 C. Dechristé , “ Le contrat de chantier ou d’opération: le grand retour ?”, RDT , 2017, 10, p. 633.

  • 62 M.D. Ferrara, “La ricerca a termine: problemi e prospettive del reclutamento dei ricercatori univer (...)

30 Third, the IALLJ journals also devoted space throughout 2017 to the development of fixed-term employment in connection with certain legal systems 59 or specific categories of workers, such as public and private managers 60 , construction workers 61 and researchers 62 .

  • 63 W. Hamann, E. Klengel, “Klengel Die Überlassungsdauer des reformierten AÜG im Lichte des Unionsrech (...)
  • 64 Cf. J. Uber, ibid . On the implementation of the principle of equal treatment see also B. Kresal Šol (...)

31 With regard to temporary agency work, various authors provided detailed discussions of the German reform that came into force in 2017 63 , questioning its compliance with the Temporary Agency Work Directive 2008/104 and underlining such critical points as the prerogative granted to the collective parties to diverge from the maximum period of time for hiring out employees as well as from the basic principle of equal treatment between temporary workers and comparable permanently employed workers 64 .

B - Between employment and self-employment

65 Schoukens, Barrio, op. cit. , 2017, p. 309.

32 One can certainly say that «determining whether a person performing work falls within the scope of the notion of “employee” has become increasingly difficult due to the complexity of work arrangements in the grey area between employment and self-employment» 65 .

33 With regard to this topic, many articles in the 2017 IALLJ journals examined the national legislation and case-law in many areas of the world.

  • 66 F. Martelloni, “I rimedi nel «nuovo» diritto del lavoro autonomo”, LD , 2017, 3/4, p. 517. S. Bini, (...)
  • 67 A. Perulli, “Il lungo viaggio del lavoro autonomo dal diritto dei contratti al diritto del lavoro, (...)

34 The Italian regulation of employment and self-employment attracted considerable attention, especially in the Italian journals, where essays focused mainly on the legislative reforms introduced in 2015 and 2017. The 2015 reform extended the protection afforded to classic subordinate employment to the so-called “employer-organised work” 66 , while in 2017 a new law on self-employment introduced new protective measures for independent contractors which are deeply rooted in contract law (Perulli called this reform “the return of self-employment to contract law” 67 ).

  • 68 B. Waas, “What role for solopreneurs in the labour market?”, ELLJ , 2017, 2, p. 154. R. Wank, “Der A (...)
  • 69 Davies , op. cit . See also M. Böttcher, “Der Employment Status im englischen Arbeitsrecht“, EuZA , 2 (...)
  • 70 C.L. Alfonso Mellado, G. Fabregat Monfort, R. Pardo Gabaldón, “Reformas urgentes en materia de trab (...)

35 The German situation was also studied, discussing the legal position of “solopreneurs” (i.e., the growing number of entrepreneurs who do not employ other persons) to understand ways of providing them with more protection, and more generally analysing the notion of employee under § 611a BGB as amended in 2017 and the failed attempt to introduce the first indicators in the German Civil Code to be used by the courts when determining whether an employment relationship exists 68 . Employee status is a particularly sensitive area in most countries. In the UK, for instance, studies examining the problem of “availability”, when workers are not actively engaged in core work tasks at the workplace but are not fully at liberty either, were of particular interest 69 , while in Spain a reform regarding self-employed work was introduced in 2017, resulting in a rather contradictory regulation 70 .

  • 71 T. Treu, “Rimedi, tutele e fattispecie: riflessioni a partire dai lavori della Gig economy”, LD , 20 (...)

72 Waas, op. cit .

  • 73 M. Sargeant, “The Gig Economy and the Future of Work,” E -JICLS , 2017, vol. 6, 2. A. Todolí-Signes, (...)

36 The question is also open in the US: Treu, for example, analysed American case-law concerning the status of workers for the so-called platform economy firms (see below, § 1.3), arguing that the remedial approach adopted by common law may also be interesting for other judges and lawmakers because it is better able than the traditional classifying approach to identify the set of protections and rights applying to these “platform” workers 71 . In this regard, the fact that platforms provide companies with the attractive opportunity to divide permanent tasks into internet-based “microtasks” which can be offered to an indefinite number of interested parties could bring about a further increase in self-employment in the near future 72 . Most of these workers will still be precarious and vulnerable: what is new about the platform economy is the development of technologies which enable companies «to claim not to employ those that work for them» and create «a pseudo employment market where workers are said to be independent self-employed receiving work from and providing services via a digital platform created by the company» 73 .

37 However, workers still need protection, and throughout 2017 many authors debated how labour law could answer this need.

C - Work on platforms in the digital age

  • 74 A. Fabre, M.C. Escande-Varniol, “Le droit du travail peut-il répondre aux défis de l’ubérisation ?” (...)

38 In all IALLJ journals, there was extensive debate on the role of labour law protections for the heterogeneous “digital workforce” arising from the new economy (interchangeably called the “platform”, “gig”, “sharing”, “on demand” or “collaborative” economy, among other names), where the use of digital platforms to perform or organise work is growing apace. Interest in how labour law changes in the platform economy has spread among scholars, who wondered (in many articles and in several special issues of IALLJ journals such as Italy’s RGL and Spain’s TL ) how labour law can rethink its borders and adapt its protection to the «challenge of “uberisation”» 74 .

  • 75 S. González Ortega, “Trabajo asalariado y trabajo autónomo en las actividades profesionales a travé (...)
  • 76 S. Auriemma, “Impresa, lavoro e subordinazione digitale al vaglio della giurisprudenza”, RGL , 2017, (...)

39 There has been litigation around the world on the employment classification of workers in the “gig economy” 75 . It is not surprising that many articles in IALLJ journals dealt with the recent suits brought against the colossus Uber by its drivers and which led to some interesting judgments (in particular by courts in the UK, in the US and by the CJEU) 76 .

  • 77 A. Perulli, “Lavoro e tecnica al tempo di Uber ”, RGL , 2017, 2, I, p. 195. Todolí-Signes, op. cit . V (...)
  • 78 J. Prassl, M. Risak, “Le piattaforme di lavoro on demand come datori di lavoro,”, RGL , 2017, 2, I, (...)
  • 79 A. Perulli, “Il lungo viaggio del lavoro autonomo dal diritto dei contratti al diritto del lavoro, (...)

40 For employment law, a very important question is whether platform workers count as employees 77 , and whether the platforms can be held responsible as employers 78 . The matter has also been tackled by the EU Commission’s Communication on “A European agenda for the collaborative economy”, which warned that the more flexible work arrangements generated within the collaborative economy create uncertainty as to the applicable rights and the level of social protection. However, the guidance that the Communication provides to EU Member States (particularly on how the traditional distinction between self-employed and workers applies in the collaborative economy) has been found to be quite useless 79 .

  • 80 M. Zou, “The Regulatory Challenges of ‘Uberization’ in China: Classifying Ride-Hailing Drivers”, IJ (...)

81 P. Loi, “Il lavoro nella Gig economy nella prospettiva del rischio”, RGL , 2017, 2, I, p. 259.

82 M. Faioli, “Jobs «App», Gig economy e sindacato”, RGL , 2017, 2, I, p. 291.

  • 83 S. Engblom, “Una prospettiva sindacale su digitalizzazione e Gig economy ” , RGL , 2017, 2, I, p. 357. (...)

41 Chinese courts and lawmakers have also addressed issues that are directly or indirectly relevant to determining the status of drivers in the ride-hailing sector, as reported by a scholar who suggested adopting a purposive approach to the existing criteria in Chinese labour law for establishing the status of these workers, arguing that such an approach will be more useful for addressing the basic question of whether drivers should be protected than creating new categories of employment classification would be 80 . Studies of the distribution of risks between platforms and platform workers were also of particular interest and suggested that the social rights of workers who perform their work using digital platforms should be determined on the basis of their social risk exposure, independently of how they are classified in their contract 81 . Special attention was also devoted to the issues that have arisen in the legal framework for industrial relations, collective bargaining and strikes 82 , and to the role that could be played by trade unions 83 .

D - ICT and workers’ rights: right to disconnection and right to privacy

  • 84 C. Sánchez-Rodas Navarro, “Poderes directivos y nuevas tecnologías”, TL , 2017, 138, p. 163. J. Cruz (...)

42 Technological innovation is increasingly affecting the “world of work” and aspects such as working time and place, health and safety, instruments of employer control, etc. 84 . Accordingly, the articles which, from different perspectives, addressed the impact of information and communication technologies on two sensitive workers’ rights (the so-called right to disconnection and the right to privacy) will be grouped into two subtopics.

  • 85 P.H. Cialti, “El derecho a la desconexión en Francia: ¿más de lo que parece?”, TL , 2017, 137, p. 16 (...)
  • 86 See the DRI special issue on “lavoro agile”, particularly. E. Dagnino, “Il diritto alla disconnessi (...)

43 It is not surprising that the majority of the IALLJ articles on employees’ right to disconnection, i.e., the right to be unavailable outside of normal working hours, focused on recent French and Italian legislation on the matter. The French “droit à la déconnexion” introduced from 1st January 2017 by the “Loi Travail” (amending the French Labour Code), which required companies of a certain size to negotiate the right to non-availability with the representative unions, was analysed in detail in some interesting articles 85 . In addition, comparisons were made with the Italian 2017 regulation on “lavoro agile” or “smart work”, viz., work performed partly outside the employer’s premises through the use of technological tools, which – more than traditional forms of work – raises the question of the distinction between working time and rest periods and hence the workers’ right to disconnect 86 .

  • 87 M.J. Cervilla Garzón, “Efectos del uso de la aplicación “whatsapp” en el marco de las relaciones la (...)
  • 88 R. Gallardo Moya, “Un límite a los límites de la vida privada y de la correspondencia en los lugare (...)
  • 89 M.E. Terradillos Ormaechea, “El principio de proporcionalidad como referencia garantista de los der (...)
  • 90 J. Goñi Sein, “Nuevas tecnologías digitales, poderes empresariales y derechos de los trabajadoresan (...)
  • 91 See, respectively, V. Aniballi, “La regulación italiana de los controles a distancia: el «nuevo» ar (...)

44 From a second perspective, technological innovations can also affect the inviolable rights of the human person, especially the employee’s privacy and dignity: we well know that, with firms’ expanding use of new technologies, the worker is potentially subject to constant, delocalized, indiscriminate and increasingly pervasive control 87 . IALLJ scholars devoted special attention to the ECtHR Grand Chamber judgment in the case of Bărbulescu II v. Romania held in September 2017, in which the Strasbourg Court, examining a case concerning the monitoring of an employee’s electronic communication by a private employer, found a violation of Article 8 of the Convention and reversed the previous 2016 Chamber judgment 88 . In particular, several authors in Spanish IALLJ journals compared ECtHR case-law with that of the Spanish Supreme Court and Constitutional Court, particularly with regard to the scope of employees’ information rights 89 , while other authors discussed the need for Spanish privacy legislation and case-law to comply with the EU General Data Protection Regulation (GDPR), which came into force on May 25, 2018 90 . The issue of monitoring employees in the workplace is also quite problematic in other countries, such as Italy and the US 91 , because of the difficulty in balancing the opposing interests at stake and securing adequate protection of any employee within the inherently unequal employment relationship.

III - Perspectives for Collective Labour Law

  • 92 R. Naughton, “Early academic research in Australian labour law: 1920-60”, AJLL , 2017, vol. 30, 1, p (...)
  • 93 B. Keller, “Arbeit und Rechtsgeschichte, Die großen Streiks im öffentlichen Dienst, Verlauf und Erk (...)
  • 94 L. Mallmann, “Arbeit-Nordwest und METALL NRW, Kontinuität oder Diskontinuität?”, AuR , 2017, 3, p. G (...)

95 T.C. Kohler, “Der Wagner Act“, AuR , 2017, 5, p. G 9.

  • 96 M. Fuchs, ”Ein sozialrechtlicher Quantensprung: Die Entstehung der gesetzlichen Unfallversicherung” (...)

97 R. Buschmann, “Geschichte der Beschäftigungsförderungsgesetze”, AuR , 2017, 9, p. G 17.

  • 98 W. Däubler, “Der Mössinger Generalstreik vom 31.1.1933 – praktiziertes Widerstandsrecht?”, AuR , 201 (...)
  • 99 K.D. Ewing, J. Hendy, “The Strasbourg Court Treats Trade Unionists with Contempt: Svenska Transport (...)
  • 100 A.D.K. King, “Memory, Mobilization and the social Basis of Intra-Union Division: Some Lessons from (...)
  • 101 J. Elgar, B. Simpson, “The Impact of the Law on Industrial Disputes Revisited: A Perspective on Dev (...)
  • 102 A. Forsyth, J. Howe, P. Gahan, I. Landau, “Establishing the Right to Bargain Collectively in Austra (...)
  • 103 D. Sideris, C. Triadafillidis, “Die Reform des griechischen Arbeitsrechts durch Memoranda I, II und (...)

45 As in previous years, also in 2017 collective labour law had a very special focus in the IALLJ journals. One common feature of these publications is their historical perspective. The presentations sometimes have gone back a long way, such as: early academic research on Australian labour law: 1920-60 92 . AuR has even instituted a special column figuring as “work and legal history” issued every two months with contributions to: Strikes in the public service 93 ; Arbeit-Nordwest and METALL NRW (employers’ association) 94 ; the (US) Wagner Act 95 ; the Emergence of the statutory accident insurance 96 ; the History of the Employment Promotion Acts 97 ; the general strike in Mössingen of 31 January 1933 98 . Numerous essays in other journals illuminated important judgements or developments of the last twenty years such as: The Strasbourg Court judgment Svenska Transportarbetareförbundet andSeko v. Sweden 99 ; lessons from the 2009-2010 USW Local 6500 Strike in Sudbury, Ontario 100 ; the impact of the Law on Industrial Disputes Revisited: A Perspective on Developments over the Last Two Decades 101 ; establishing the Right to Bargain Collectively in Australia and the UK 102 ; the reform of Greek Labour Law by Memoranda I, II and III 103 .

46 In 2017, similar questions and challenges have arisen worldwide. Often, structural changes in workers’ representation were subject to academic discussions, including new trade union strategies in a changing political and working environment. Numerous essays, especially in southern European qualified journals, tended to focus on structural issues of collective bargaining, changing forms and contents of collective bargaining agreements (CBA). On the one hand, they reacted to consequences of legislative intervention, and on the other, to changes in the social framework and forms of production. A global discussion has been going on about the diverse forms of industrial action and guarantees of the right to strike. While collective bargaining autonomy and the right to strike have come under considerable political pressure, new perspectives have opened up, above all, through an increased reliance on international catalogues of human rights and comparative law.

A - Dynamic structures of collective workers’ representation

  • 104 M. Freedland, N. Kountouris, “Some Reflections on the ‘Personal Scope’ of Collective Labour Law”, I (...)
  • 105 A. Bogg, “‘Individualism’ and ‘Collectivism’ in Collective Labour Law ” , ILJ , 2017, vol. 46, 1, p. 7 (...)
  • 106 K. Ewing, J. Hendy, “New Perspectives on Collective Labour Law: Trade Union Recognition and Collect (...)
  • 107 A.J. Rolland, “Recent Developments in Unionizing the Precarious Workforce: The Exemption Regimes of (...)

108 V. De Stefano, op. cit .

  • 109 B. Rogers, S. Archer, “Protecting Concerted Action Outside the Union Context”, CLELJ , 2017, vol. 20 (...)

47 Profound observations addressed the applicability of collective law 104 , the relationship between individualism and collectivism 105 and the new perspectives on Collective Labour Law, Trade Union Recognition and Collective Bargaining 106 . Like individual labour law (see above), collective labour law is always seeking new solutions for precarious 107 and non-standard employees who are largely denied collective human rights 108 . Different views were expressed on whether legislators should open up new forms of collective action outside the union context 109 . For some countries, authors registered a tendency to shift from national to sectoral, from branch to company collective agreements.

  • 110 J.I. Pérez Infante, “La estadística de convenions colectivos y la medición de la cobertura de la ne (...)

48 Mostly, this tendency was not based on the concepts of shop floor collective bargaining that were discussed years ago with the intention of involving rank and file union members in shaping their own affairs. Today it is rather a predominantly government-induced decentralization, with the consequence of concession bargaining on behalf of the unions and widening unprotected sectors. The trade union pluralism issues already known in the past have led to a greater attention given to union representativeness as a legal category 110 . The open questions and consequences associated with these developments were also subject to legal observations in 2017.

111 A. Jeammaud, “La “Reforma Macron” del Código del Trabajo Francés”, TL , 2017, 139, p. 13.

  • 112 J. Cavalcanti Boucinhas Filho, “La reforma laboral de 2017 y la negociación colectiva en Brasil/ Th (...)
  • 113 R. Bodas Martí, “Cuestiones jurisprudenciales sobre la negociación colectiva”, TL , 2017, 139, p. 55 (...)
  • 114 U. Romagnoli, G. Cazzetta, “Sobre la crisis del derecho laboral (una entrevista”), RDS , 2017, 80, p (...)

115 C. Sáez Lara, “Descuelgue convencional y arbitraje obligatorio”, TL , 2017, 140, p. 311.

  • 116 K. Bepler, “Ein Zwischenurteil? – Bemerkungen zum Tarifeinheitsurteil des Bundesverfassungsgerichts (...)

49 Collective labour law has just fallen into a heavy sea. Neoliberal “reforms” have vehemently tried to influence the structure and the results of collective bargaining, often in the sense of a trend towards downsizing. Consequently, some fundamental labour law reforms were presented and analyzed with reference to France 111 , Brazil 112 , Spain 113 ) and Italy 114 . In Spain, the normative validity of CBAs was weakened by the amendment to Art. 82 of the Estatuto de los Trabajadores , in which, under certain circumstances, derogations are permitted 115 . Legal structural reforms are usually justified with a labour market policy objective. Often, however, amendments to the law have achieved their stated objectives only to a limited extent. Instead, new problems were raised, such as in Germany. Here, the controversial amendment to the Collective Agreements Act (in cases of union plurality in an establishment, CBAs of a minority union should no longer be applicable there) has provoked a ruling of the Federal Constitutional Court 116 and an application to the ECtHR, the result of which is eagerly waited for.

117 G. Sateriale, “Ripensare la contrattazione”, DRI , 2017, 3, p. 710.

  • 118 D. Gagne, M.J. Dupuis, “Constitutionnalisation du droit du travail et transformation du devoir de r (...)
  • 119 L. Valente, “I ruoli del sindacato e delle istituzioni per la soluzione delle crisi occupazionali”, (...)
  • 120 F. Navarro Nieto, “El ejercicio de la actividad sindical a través de las tecnologías de la informac (...)
  • 121 V. Franca, “Bodo od evropskega socialnega dialoga ostali samo še nezavezujoči dogovori? Pregled in (...)

50 A whole series of articles raised the question of whether the traditional forms and contents of the collective organization should be continued or re-thought 117 or redefined. Requirements for equality have set conditions for unions to shape social policy, but at the same time have opened up new fields of responsibility for them 118 . In view of the economic crisis, especially in southern European countries, several authors 119 addressed the question of whether and what contributions unions can make to tackle them. Finally, the unions also have gained new opportunities for information, consultation and internal presence by using new electronic media 120 . Although the TFEU has opened a special procedure for social partner negotiations and agreements, there has been little progress here in recent years. In particular, the European Commission failed to pass on agreements negotiated by social partners in several sectors to the Council of Ministers. Thus, they could not acquire the status of directives. The so-called autonomous social partner agreements at European level do not have the same validity in the Member States. In order to promote social dialogue, there is need for more commitment to the results found 121 .

  • 122 H. Zimmermann, “Zum Stellenwert der allgemeinen Aufgaben des Betriebsrats gemäß § 80 Abs. 1 BetrVG (...)
  • 123 M. Eylert, “Mitbestimmung des Betriebsrats bei der Arbeitszeit im Spiegel der aktuellen Rechtsprech (...)
  • 124 M. Halgmann, “Betriebsvereinbarungen zur Arbeitszeit – Die Rolle von Macht in Verhandlungsprozessen (...)

125 V. Zu Dohna-Jaeger, “20 Jahre EBRG – Status quo und Weiterentwicklung“, AuR , 2017, 5, p. 194.

  • 126 R.P. Hayen, “Änderung des EBRG für Seeleute – Sitzungsteilnahme per Videokonferenz möglich!”, AuR , (...)
  • 127 R. Thannisch, “Unternehmensmitbestimmung: Aktuelle Herausforderungen und Reformoptionen“, AuR , 2017 (...)

51 Only few countries know a work constitution as it has been established in Germany, combined with works councils’ rights to co-determination. The widespread perception that a cordial social partnership is taking place here has already been refuted by the large number of litigations between works councils and employers over the scope and the exercise of rights to co-determination. Some articles traced these debates and above all critically accompanied the jurisdiction on subjects like: Works council’s general right and duties 122 ; works council’s co-determination on working time 123 ; agreements on working time – the role of power in operational bargaining 124 ; Act on European Works Councils – status quo and further development 125 ; amendments to the act on European Works Councils with regard to seafarers – participation in works council meetings via videoconference 126 . Thannisch 127 gave an overview on board level Co-determination.

  • 128 K. Lukas, “Der Kollektivbeschwerdemechanismus der Europäischen Sozialcharta - aktuelle Entwicklunge (...)
  • 129 R. Buschmann, “Review on Bruun/Lörcher/Schömann/Clauwaert: The European Social Charter and the Empl (...)
  • 130 E. Shilton, “Public Rights and Private Remedies: Reflections on Enforcing Employment Standards thro (...)
  • 131 I.C. Maggio, “La conciliazione e l’arbitrato nel diritto del lavoro: lo stato dell’arte”, DRI , 2017 (...)

132 See Banerjee, Mahmood, op. cit .

  • 133 P. Rataj, “Izbrane dobre prakse vrhovnih sodišč držav clanic EU in možnosti njihove uporabe v delov (...)

52 Despite all differences in national procedural laws, a couple of essays focused on subjects that are certainly of interest also outside the scope of the respective journal’s readers. The Additional Protocol to the European Social Charter on Collective Complaints was signed on 9 November 1995 and has been ratified by most (not all) of the European states. Lukas 128 described the collective complaint mechanism contained therein 129 . Further procedural paths standing besides the usual court proceedings and mentioned in contributions were grievance arbitration 130 or alternative labour dispute resolutions 131 . Judicial Intervention and Industrial Relations in West Bengal were presented by Banerjee, Mahmood 132 . Rataj 133 drew a comparison on Selected Best Practices of EU Member States’ Supreme Courts and Possibilities of Their Use in Labour and Social Disputes.

B - Collective Bargaining

134 M. Milan, Y. Ferkane, “Faut-il désormais craindre la négociation de groupe?”, RDT , 2017, 2, p. 76.

  • 135 V. Bavaro, “Sulla prassi e le tendenze delle relazioni industriali decentrate in Italia (a proposit (...)

136 See Carrizosa Prieto, op. cit .

137 M. Milan, Y. Ferkane, op. cit .

138 M. Magnani, “Il rapporto tra legge e autonomia collettiva”, DRI , 2017, 1, p. 1. Lai, op. cit .

  • 139 M.L. Pérez Guerrero, “Los medios de solución extrajudicial de conflictos laborales en el sector púb (...)

140 E. González Biedma, “La negociación collectiva informal”, TL , 2017, 140, p. 121.

  • 141 M. Liu, S. Kuruvilla, “The State, The Unions, and Collective Bargaining in China: The Good, the Bad (...)

53 The landscape of CBAs is diverse and shows different facets in the national states. Some authors discussed different structures of collective bargaining. They distinguished for example bargaining at different levels 134 , in centralized or decentralized structures 135 , in transition from national to sectoral collective agreements 136 . New economic structures have led to new levels of negotiation, such as the group level, the results of which can be evaluated ambivalently 137 . Questions of borderlines were raised between CBAs and statutory law 138 . Particular problems have emerged with regard to collective bargaining and CBAs for civil servants 139 ; a problem that we will face again and more sharply with regard to civil servants’ rights to strike. Not all countries have passed statutory regulations on the conclusion and operation of CBAs. However, even informal bargaining and agreements should enjoy the protection of freedom of association 140 . Finally 141 , Liu described the special relationship between The State, The Unions, and Collective Bargaining in China mentioning the Sergio Leone’s well-known movie title “The Good, the Bad and the Ugly”.

142 See De La Flor Fernández, op. cit .

143 F. Vila Tierno, “Modalidades de contratación y empleo”, TL , 2017, 140, p. 199.

  • 144 R. Santagata De Castro, “Indisponibilità del tipo, ragionevolezza e autonomia collettiva. Sul nuovo (...)

145 See Gagne, Dupuis, op. cit .

  • 146 M. Tiraboschi,”l lavoro agile tra legge e contrattazione collettiva: la tortuosa via italiana verso (...)

147 T. Klein, “Die Sicherung der Sozialkassenverfahren im Baugewerbe”, AuR , 2017, 2, p. 48.

54 Not surprisingly, legal guidelines also have a considerable impact on the content of regulations in CBAs. There is an indication that, for example, an economically and politically induced flexibilisation of working time will result in an increased need for collective regulation through CBAs 142 . The same effects have occurred with the regulation of temporary work. In view of the special risks related to temporary agency work, which in many countries has the potential to destroy established structures of collective representation, collective bargaining policy also could have a corrective function 143 . In some countries, statutory law, subject to optional deterioration by CBAs, has proved particularly problematic. One might ask oneself whether it is at all the task of trade unions to lower social standards. However, in times of trade union weakness, they could be inclined to make concessions that they would not have accepted years ago. In this respect, the notions of reasonableness and the proportionality principle could serve as a tool to limit the excessive power that could be exerted through collective agreements 144 . Also problematic are the so-called “orphelin” clauses, i.e. wage disparity clauses based solely on the different hiring dates of the persons concerned 145 . Tiraboschi 146 rather recognized deficits of legislation and collective bargaining policy as regards “agile work”. Klein 147 described the protection of the Sozialkassenverfahren in the building industry, a specific German institution which - based on collective agreements declared generally binding - guarantees to employees in the construction industry the effectiveness of their entitlement to holidays and a company pension scheme. This system was recently confirmed by landmark judgments of the European Court of Human Rights and the German Federal Labour Court. The legal concept of a “negative freedom of association” (whether this exists is still disputed) does not stand in the way either.

C - Right to strike

55 The right to strike has come under pressure worldwide. Discussions on this issue are going on in international organizations as well as at national level. Numerous authors examined the interventions in the right to strike by national legislators or courts. Others rather discussed national deficits in the implementation of global or European standards or the requirements for the national guarantees of freedom of association. Finally, numerous authors dealt with particular questions concerning the exercise of the right to strike.

  • 148 T. Klein, D. Leist, “Kein Einsatz von Leiharbeitnehmern als Streikbrecher – Die Neuregelung in § 11 (...)
  • 149 J. Lopez Lopez, “Diminishing Unions’ Agency: Weakening Collective Bargaining and Criminalizing Pick (...)
  • 150 J. Pérez Rey, “El Tribunal Constitucional ante el esquirolaje tecnológico (o que la huelga no impid (...)

151 R. Sánchez Iago, “Acción sindical y conflicto de derechos”, DRL , 2017, 4, p. 361.

56 In Germany, the law on temporary agency work was slightly reformed. In recent years, the use of temporary workers as strikebreakers had become an effective weapon for employers to undermine trade union industrial action. This has now been limited, although gaps do remain 148 . In particular, Spanish authors expressed their concern about the rising interventions in the right to strike. Lopez Lopez 149 noted a dangerous tendency to weaken trade union bargaining power, for example by criminalizing pickets, based on the domestic labour market reform in 2012: Pérez Rey 150 viewed a technological strike-breaking following a ruling by the Spanish Constitutional Court, while Sánchez 151 put the focus on the freedom of expression in connection with trade union actions, also following a ruling by the Supreme Court.

  • 152 J.P. Marguénaud, J. Mouly, C. Nivard, “Que faut-il attendre de la Cour européenne des droits de l’h (...)

57 Supranational guarantees of the right to strike result above all from the law of the International Labour Organization (ILO), the international Covenant on Economic, Social and Cultural Rights, the (Revised) European Social Charter (RESC) and the European Convention on Human Rights (ECHR). This context in the “multi-level system” of various catalogues of human rights has gained importance since the ECtHR, in its jurisdiction, has pursued the so-called comprehensive approach since the fundamental judgement of the Grand Chamber Demir and Baykara on Art. 11 ECHR, i.e. it takes greater account of the rulings of other bodies responsible for the interpretation of the different supranational norms. The Convention and the case law of the ECtHR, on the other hand, have a considerably greater binding force than other instruments of international law and the case-law of the committees responsible for their interpretation. This could also serve as a counterweight to the “traumatism” of the ECJ rulings Viking and Laval 152 . This conflict is intensively going on in sectors formerly organized under public law, such as railways and air traffic, as well as strikes in the public sector, in particular by civil servants. Some European countries such as Germany have not yet fully internalized the clear ECtHR case-law, according to which restrictions are only permissible in a few areas of direct state administration. The arguments put forward against the right to strike in these areas often have used terms such as “essential services” or “general interest” as well as a specific requirement of loyalty for civil servants. Thus, numerous authors have discussed these doctrines. Another occasion was the conference Zur Fundierung des Streikrechts im ILO-Normensystem (Foundations of the right to strike within the ILO legal system) in Berlin on 1 and 2 April 2016 with the participation of scholars from all over the world giving lectures which were later published in IALLJ journals.

  • 153 T. Novitz, “The Restricted Freedom to Strike: “Far-Reaching” ILO Jurisprudence on the Public Sector (...)
  • 154 T. Novitz, “Beamtenstreikrecht, Streik in der Daseinsvorsorge und das Recht auf politischen Streik (...)

155 M. Schlachter, “Streiks in der Daseinsvorsorge aus völkerrechtlicher Sicht“, AuR , 2017, 1, p. 10.

156 A. Baylos Grau, “Sindicato y crisis: conexiones y correspondencias”, DRL , 2017, 2, p. 119.

  • 157 J.M. Servais, “The Right to Take Industrial Action and the ILO Supervisory Mechanism Future”, CLL , (...)
  • 158 N. Smit, “International Developments Regarding the Implementation of the Right to Strike ” , CLL&PJ , (...)
  • 159 C. La Hovary, “Article 37 of the ILO Constitution: An Unattainable Solution to the Issue of Interpr (...)

58 In CLL&PJ 153 , Novitz analyzed the ILO case-law on the Public Sector and Essential Services, similarly as in AuR 154 . Strikes in essential services in terms of international law were also subject to an essay by Schlachter 155 with regard to Germany as well as by Baylos Grau 156 with regard to Castilla-La Mancha. In all these analyses the case-law of the ILO Committee of Experts (CEACR) on essential services played an important role. The Right to take Industrial Action and the ILO Supervisory Mechanism Future 157 and the International Developments Regarding the Implementation of the Right to Strike 158 were further important subjects. The background to the newly flared up disputes is the quarrel in the ILO over the guarantee of the right to strike under ILO Convention 87, which has been erupting for several years. Pursuant to Art. 37 of the ILO Constitution, the International Court of Justice in The Hague would have to give a final clarification of the matter, although it has not yet been called on 159 .

  • 160 U. Wendeling-Schröder, “Schadensersatz drittbetroffener Unternehmen bei Streiks?”, AuR , 2017, 3, p. (...)

161 W. Däubler, “Haftung der Gewerkschaft für Millionenschäden?”, AuR , 2017, 6, p. 232.

  • 162 R. Bram, “Aktuelle prozessrechtliche Fragen im einstweiligen Rechtsschutz von Arbeitskampfmaßnahmen (...)
  • 163 A. Bücker, “Richterliche Erkenntnisse über wahre Streikziele und die Rühreitheorie”, AuR , 2017, 8/9 (...)

59 Strikes in civil aviation and at airports, especially in Germany, have led to a couple of court rulings critically monitored from a scholarly or practical point of view. The background to this is that previously uniformly managed public services have become privatized and decentralized. The results are new organizational forms and disputes, such as strikes only by pilots, cabin crews or air traffic controllers. This has created completely new confrontations. The topics were: Compensations for third party companies’ damages caused by strikes 160 . Trade union liability for damage amounting to millions 161 , Current aspects of procedural law concerning industrial action’s interim legal protection 162 , Judicial findings concerning the genuine objectives of a strike and the scrambled eggs theory 163 . The so called scrambled eggs theory argues that a spoiled egg spoils a whole scrambled egg. This impressive, but certainly oversimplistic parable is the basis for the doctrine according to which a trade union claim that a court assesses as unlawful should have the effect to illegalize a whole labour dispute, even though the union has brought along a bundle of other absolutely legitimate demands. At least that was the view of the German Federal Labour Court, in clear contrast with the ECtHR judgment no. 36701/09, Hrvatski Liječnički Sindikat (HLS) v. Croatia . There the European Court has confirmed that a labour dispute in which the union had put forward an ordinary demand for salary increase in addition to two legally problematic claims was lawful.

List of journal abbreviations

Arbeit und Recht (Germany) = AUR

Australian Journal of Labour Law (Australia) = AJLL

Bulletin of Comparative Labour Relations (Belgium) = BCLR

Canadian Labour & Employment Law Journal (Canada) = CLELJ

Comparative Labor Law & Policy Journal (United States) = CLLPJ

Derecho de las Relaciones Laborales = DRL

Diritti Lavori Mercati (Italy) = DLM

Diritto delle Relazioni Industriali (Italy) = DRI

Employees & Employers: Labour Law & Social Security Review (Slovenia) = E&E

E-journal of International and Comparative Labour Studies (Italy) = E-JICLS

Europäische Zeitschrift für Arbeitsrecht (Germany) = EuZA

European Labour Law Journal (Belgium) = ELLJ

Giornale di Diritto del Lavoro e delle Relazioni Industriali (Italy) = DLRI

Industrial Law Journal (UK) = ILJ

International Journal of Comparative Labour Law & Industrial Relations (The Netherlands) = IJCLLIR

International Labour Review (ILO) = ILR

Japan Labor Review (Japan) = JLR

Lavoro e Diritto (Italy) = LD

Revista de Derecho Social (Spain) = RDS

Revue de Droit Comparé du Travail et de la Sécurité Sociale (France) = RDCTSS

Revue de Droit du Travail (France) = RDT

Rivista Giuridica del Lavoro e della Previdenza Sociale = RGL

Temas Laborales (Spain) = TL

Zeitschrift für ausländisches und internationales Arbeits und Sozialrecht (Germany) = ZIAS

2 For a complete list see www .labourlawjournals.com . Besides, the list of all journals’ abreviations mentioned in this article follows at the end of the chronicle.

3 We refer to the following journals: Análisis Laboral (Perù), Industrial Law Journal (South Africa), Labour and Social Law (Belarus), Labour Society and Law (Israel), Pecs Labour Law Journal (Hungary) and Russian Yearbook of Labour Law (Russia).

4 A. Chapman, B. Gaze, A. Orifici, “Substantive equality at work: Still elusive under Australia’s Fair Work Act”, AJLL , 2017, vol. 30, p. 214. These authors described the disappointing results produced in Australia by the 2009 amendment of the Fair Work Act, which had been perceived as an opportunity to provide better access to remedies for workplace discrimination and to reduce unlawful adverse treatment. On the specific problem of the subjective approach which has not been completely abandoned in the judicial management of workers’ claims against discrimination and adverse action, see L. Meagher, “Australian courts’ approaches to unconscious direct discrimination and adverse action”, AJLL , 2017, vol. 30, p. 1 and E. Shi, “Adverse action protection for the right to complain or inquire in s 341 of the Fair Work Act”, AJLL , 2017, vol. 30, p. 294.

5 O’Cinneide “Values, rights and Brexit - Lessons to be learnt from the slow evolution of United Kingdom discrimination law”, AJLL , 2017, vol. 30, p. 236. As emphasized by O’Cinneide , however, a positive influence on the evolution of British equality law has also been exercised also by the ECHR. More in general, on the relevance to labour law of the prohibition of discrimination established by Article 14 of the Convention see E. Sychenko, “Individual Labour Rights as Human Rights. The Contributions of the European Court of Human Rights to Worker’s Rights Protection”, BCLR , 2017, vol. 96, p. 67.

6 See E. Ales, “Il Modello Sociale Europeo dopo la crisi: una mutazione genetica?”, DLM , 2017, 3, p. 485. J. Kenner J., “Il potenziale impatto della Brexit sul Diritto del lavoro europeo e britannico ”, DLM , 2017, 1, p. 5. M. Weiss, “The future of labour law in Europe. Rise or fall of the European social model?”, ELLJ , 2017, 4, p. 345. With a specific focus on the European Social Pillar, S. Laulom, J.P. Lhernould, “Quelle Europe sociale nous prépare le socle des droits sociaux?”, RDT , 2017, 7-8, p. 455. K. Lörcher, “Die Europäische Säule Sozialer Rechte – Rechtsfortschritt oder Alibi?”, 2017, 10, p. 387.

7 M. Smith, R. Layton, A. Stewart, “Inclusion, Reversal, or Displacement: Classifying Regulatory Approaches to Pay Equity,” CLL&PJ , 2017, vol. 39, p. 211.

8 M. Smith, A. Stewart, “Shall I compare thee to a fitter and turner? The role of comparators in pay equity regulation”, AJLL , 2017, vol. 30, p. 113.

9 From a different angle, for the potential of International Free Trade Agreements for improving the labour conditions of working women in global supply chains see T.J. Brooks, “Undefined Rights: The Challenge of Using Evolving Labor Standards in U.S. and Canadian Free Trade Agreements to Improve Working Women’s Lives”, CLL&PJ , 2017, vol. 39, p. 29.

10 K. Nebe, B. Graue, “Die Reform des Mutterschutzgesetzes”, AuR , 2017, 11, p. 437. S. Rodríguez S. Escanciano, “La regulación de la lactancia en el ordenamiento laboral: algunas cuestiones pendientes”, DRL , 2017, 5, p. 402. J.M. Serrano García, “La situación de discriminación directa de la mujer en situación de maternidad por incumplimiento de clausola convencionales de reconocimiento de derechos”, RDS , 2017, 78, p. 149. M.V. Ballestrero, “Anna Kuliscioff, il lavoro e la cittadinanza delle donne. Uno sguardo dal presente”, LD , 2017, 2, p. 187.

11 M.B. Cardona Rubert, “Discriminación por fecundación in vitro: la nueva frontera al derecho de la trabajadora a ser madre”, RDS , 2017, 79, p. 185.

12 B.d.M.López Insua, “Maternidad subrogada y protección del menor desde una perspectiva integradora: el derecho laboral de nuevo a examen”, DRL , 2017, 2, p. 166.

13 A. Garrigues Giménez, “Hacia un nuevo paradigma (no androcéntrico) en la prevención de riesgos laboral es la necesaria e inaplazable integración normativa y técnica del diferencial de sexo y de género”, DRL , 2017, 8, p. 763.

15 On the situation in Japan, for example, see K. Inamori, “Current Situation and Problems of Legislation on Long-Term Care in Japan’s Super-Aging Society”, JLR , 2017, vol. 14, 1, p. 8.

16 A. Vaitkeviciute, “Prohibition of Age Discrimination in the Labour Market – Case Study of Finland in the Context of European Union”, E&E , 2017, 1, p. 9. This author is examining the Finland’s advanced regulatory model.

17 P.B. Berg, M.K. Hamman, M.M. Piszczek, C.J. Ruhm, “The relationship between employer-provided training and the retention of older workers: Evidence from Germany”, ILR , 2017, 3-4, p. 495. With somewhat different conclusions, F.G. Gommans, N.W.H. Jansen, D. Stynen, I. Kant, A. De Grip, “The effects of under-skilling on need for recovery, losing employment and retirement intentions among older office workers: A prospective cohort study”, ILR , 2017, 3-4, p. 525.

18 For an in-depth analysis see E. Jeong, “The relationship between youth employment and older persons’ employment in 20 OECD countries”, ILR , 2017, 3-4, p. 425.

19 On the latter, see M. Rodríguez-Piñero y Bravo-Ferrer, “Discriminación por razón de edad y trabajadores jóvenes”, DRL , 2017, 11, p. 1033.

20 L.J. Dueñas Herrero, “La situación de incapacidad temporal puede ser motivo de discriminación? La fuerza del concepto evolutivo de discapacidad integrado en la Directiva 2000/78/CE”, DRL , 2017, 5, p. 425. S. Fernández Martínez, “L’evoluzione del concetto giuridico di disabilità: verso l’inclusione delle malattie croniche?”, DRI, 2017, 1, p. 74. J. Moreno Gené, “El difìcil recurso a la “enfermedad asimilada a la discapacidad” como lìmite del despido por absentismo del trabajador”, RDS , 2017, 80, p. 163.

21 E. Purdue, “Scoping reasonable adjustments in the workplace: A comparative analysis of an employer’s obligation to accommodate a worker’s disability under Australian and Canadian laws”, AJLL , 2017, vol. 30, p. 185. J. Harmgardt, “Survival of the Fittest: The Failure to Accommodate and Compensate in the Canadian Armed Forces”, CL&ELJ , 2017, vol. 20, p. 379. C. Spinelli, “La sfida degli “accomodamenti ragionevoli” per i lavoratori disabili dopo il Jobs Act”, DLM , 2017, 1, p. 44.

22 N. Jakab, I. Hoffman,G. Konczei, “Rehabilitation of people with disabilities in Hungary - Questions and Results in Labour Law and Social Law” , ZIAS , 2017, vol. 31, 1, p. 23. J. Gorelli Hernández , “El problemático control de la incapacidad temporal en el régimen general” , TL , 2017, vol. 136, p. 13

23 I. Borghouts-van de Pas, C. Freese, “Inclusive HRM and Employment Security for Disabled People: An Interdisciplinary Approach,” E-JICLS , 2017, vol. 6, 1.

24 See, inter alia , S. Bernstein, “Addressing Work-Family Conflict in Quebec: The Gap between Policy Discourse and Legal Response”, CL&ELJ , 2017, vol. 20, p. 273. B. García Romero, “La conciliation des responsabilités professionnelles et familiales en cas de maladie grave des enfants à charge en Espagne”, RDCTSS , 2017, 1, p. 82.

25 As stressed by Inamori, op. cit. , and M. Kurzynoga, “Working and Caring – Polish Regulations in the Context of Demographic Changes ”, E-JICLS , 2017, vol. 6, 1.

26 Specifically, the intention to “close the gap between research and policy by bringing together the academic findings from several disciplines” inspired the volume edited by S. De Groof, “Work-Life Balance in the Modern Workplace. Interdisciplinary Perspectives from Work-Family Research, Law and Policy”, BCLR , 2017, vol. 98.

27 M. Basterra Hernández, “Las reducciones y adaptaciones de jornada en atención a las necesidades personales y familiares del trabajador, RDS , 2017, 78, p. 97. S. De Groof, “How Can Labour Law Contribute to Work-Life Balance? Recommendations for a Modern Working Time Law”, BCLR , 2017, vol. 98, p. 51. N. Selberg , “ Regulating Work-Life Balance: The Contemporary Swedish Experience”, BCLR , 2017, vol. 98, p. 311. G. Vermeylen, A. Parent-Thirion , M. Wilkens, J. Cabrita, “ Reconciliation of Work and Private Life as Key Element for Sustainable Work Throughout the Life Course”, BCLR , 2017,vol. 98, p. 359.

28 T. Warren , “Work-Life Balance, Time and Money: Identifying the Work-Life Balance Priorities of Working Class Workers”, BCLR , 2017, vol. 98, p. 311. A. Reilly, A. Masselot, “Precarious Work and Work-Family Reconciliation: A Critical Evaluation of New Zealand’s Regulatory Framework”, BCLR , 2017, vol. 98, p. 285.

29 Y. Yajima, “Frameworks for Balancing Work and Long-Term Care Duties, and Support Needed from Enterprises”, JLR , 2017, vol. 14, 1, p. 68.

30 See respectively Inamori, op. cit. , and S. Ikeda, “Family Care Leave and Job Quitting due to Caregiving: Focus on the Need for Long-Term Leave”, JLR , 2017, vol. 14, 1, p. 25.

31 See Bernstein, op. cit. , I. Matzner-Heruti , “This Is Not an Ideal, Man”: Restructuring the Ideal Worker Norm”, BCLR , 2017, vol. 98, p. 183.

32 As noted by B. Kresal , “La conciliation travail-famille et l’égalité professionnelle entre les femmes et les hommes en Slovénie”, RDCTSS , 2017, 1, p. 58. With specific regard to the adverse consequences of the decision to become a mother, S. Turki, “Work-Family Balance: Origins, Practices and Statistical Portrait from Canada and France” , E-JICLS , 2017, vol. 6. G. Özcüre, N. Eryigit, H. Demirkaya, “ Work-Life Balance in the Modern Workplace: A Comparative Analysis of the Turkish and European Multinational Companies Operating in Turkey”, BCLR , 2017, vol. 98, p. 231 .

33 In this connection, see Matzner-Heruti, op. cit. On the problematic interplay between masculinity and caregiving see also M. Saito, “Current Issues Regarding Family Caregiving and Gender Equality in Japan: Male Caregivers and the Interplay Between Caregiving and Masculinities”, JLR , 2017, vol. 14, 1, p. 92.

34 V. Narain, “Gender, Religion and Workplace: Reimagining Reasonable Accommodation”, CL&ELJ , 2017, vol. 20, p. 307. L.P. Lampron, “Religious discrimination, diversity, interculturalism, accommodation: The Charter of Quebec Values and the Workplace and Competing Visions of an Inclusive Society”, CL&ELJ , 2017, vol. 20, 2, p. 339.

36 G. Busschaert, S. De Somer, “You Can Leave Your Hat on, but Not Your Headscarf: No Direct Discrimination on the Basis of Religion”, IJCCLLIR , 2017, 4, p. 553. F. Dorrsemont, “Freedom of religion in the workplace and the Court of Justice of the European Union: A return to the principle of cuius regio, eius religio?”, RDCTSS , 2017, English Electronic Edition, 4, p. 200. L. Vickers, Achbita and Bougnaoui . “One step forward and two steps back for religious diversity in the workplace”, ELLJ , 2017, 3, p. 232. From different perspectives see also J.L. Bianco, N. Cadène, C. Wolmark C., “Peut-on concevoir la neutralité dans l’entreprise?”, RDT , 2017, 4, p. 235.

37 K. Alidadi, “Religion and unemployment benefits: Comparing Belgium, the Netherlands and Great Britain”, ELLJ , 2017, 1, p. 67.

38 Its utility and current shortcomings are discussed by J.M. Servais, “Le droit international social des migrations ou les infortunes de la vertu”, RDCTSS , 2017, 1, p. 94.

39 F. Elorza Guerrero, “The Regulation of Immigrant Labour in Spain: Ordinary Migration & Selective Migration”, E-JICLS , 2017, vol. 6, 2.

40 See respectively C.F. Wright, S. Clibborn, “Back Door, Side Door, or Front Door? An Emerging De-Facto Low-Skilled Immigration Policy in Australia”, CLL&PJ , 2017, vol. 39, 1, p. 165. J. Fudge, J.C. Tham, “Dishing Up Migrant Workers for the Canadian Food Services Sector: Labor Law and the Demand for Migrant Workers“, CLL&PJ , 2017, vol. 39, p. 27. E.A. Chung, R.I. Hosoki, “Disaggregating Labor Migration Policies to Understand Aggregate Migration Realities: Insights from South Korea and Japan as Negative Cases of Immigration“, CLL&PJ , 2017, vol. 39, p. 83.

41 See respectively C. Bales, “Immigration Raids, Employer Collusion and the Immigration Act 2016”, ILJ , 2017, 2, p. 279. C. Murphy, “Tackling Vulnerability to Labour Exploitation through Regulation: The Case of Migrant Fishermen in Ireland”, ILJ , 2017, 3, p. 417. E. Guerrero, op. cit .

42 See above all A. Garilli, “Immigrati e diritti sociali: parità di trattamento e tutela multilivello”, DLM , 2017, 1, p.13. McBritton, “Lavoro extracomunitario, mercato del lavoro, contratti”, RGL, 2017, 4, I, p. 582. S. Bologna, “Eguaglianza e welfare degli immigrati: tra self-restraint legislativo e aperture giurisprudenziali e contrattuali”, RGL, 2017, 4, I, p. 63.

43 S. Ariyawansa, “A Red-Tape Band-Aid or a Solution? Lessons from the United Kingdom’s Gangmasters (Licensing) Act 2004 for Temporary Migrant Workers in the Australian Horticulture Industry”, AJLL , 2017, vol. 30, 2, p. 158. K.L. Griffith, S.M. Gleeson, “The Precarity of Temporality: How Law Inhibits Immigrant Worker Claims”, CLL&PJ , 2017, vol. 39, 1, p. 111. C. Janda, “We Asked for Workers…”. Legal Rules on Temporary Labor Migration in the European Union and Germany”, CLL&PJ , 2017, 1, p. 143. P. Martin, “Guest or Temporary Foreign Worker Programs”, CLL&PJ , 2017, vol. 39, 1, p. 189. V. Papa, “Dentro o fuori il mercato? La nuova disciplina del lavoro stagionale degli stranieri tra repressione e integrazione”, DRI , 2017, 2, p. 363.

44 L. Calafà, “Lavoro irregolare (degli stranieri) e sanzioni. Il caso italiano”, LD , 2017, 1, p. 67. C. Faraldo Cabana “Emplear a ciudadanos extranjeros o menores sin permito de trabajo: un nuevo delito contra los derechos de los trabajadores?”, RDS , 2017, 78, p. 127. F. Monereo Pérez, Vila Tierno, “La (des)protección social del trabajador extranjero en situación irregular. La incidencia de las autorizaciones administrativas previas respecto al reconocimiento de la prestación por desempleo”, DRL , 2017, 11, p. 1073.

45 M.E. Casas Baamonde, “Precariedad del trabajo y formas atípicas de empleo, viejas y nuevas ¿Hacia un trabajo digno?”, DRL , 2017, 9, p. 867. A.O. Goldín, “Huida, desestandarización y debilitamiento subjetivo del derecho del trabajo. Ensayo sobre un itinerario”, RDL , 2017, 10, p. 977. T. Treu, “Una seconda fase della flexicurity per l’occupabilità”, DRI , 2017, 3, p. 597.

46 See P. Schoukens, A. Barrio, “The changing concept of work: When does typical work become atypical?”, ELLJ , 2017, 4, p. 306, who addressed the need to adapt the basic principles of social security to the atypical features of non-standard work.

47 V. De Stefano, “Non-Standard Work and Limits on Freedom of Association: A Human Rights- Based Approach”, ILJ , 2017, vol. 46, 2, p. 185.

48 Above all of non-EU migrant workers, see Papa, op. cit. M.E. Zoeteweij-Turhan, “The Seasonal Workers Directive”, ELLJ , 2017, 1, p. 28. Janda, op. cit .

49 A. Sanders, “Fairness in the Contract of Employment”, ILJ , 2017, vol. 46, 4, p. 508. A.C.L. Davies, “Getting More Than You Bargained for? Rethinking the Meaning of ‘Work’ in Employment Law”, ILJ , 2017, vol. 46, 4, p. 477.

51 A. Allamprese, L’associazione in partecipazione con associato d’opera: un tipo contrattuale «sospetto» , LD , 2017, 2, p. 325.

52 G. García González, “Derechos sociales y empleados del hogar: reformas jurídicas inaplazables para la dignificación del trabajo doméstico en España”, RDS , 2017, 77, p. 83. E. García Testal, “La necesidad de una protección por desempleo para los trabajadores domésticos en España”, RDS , 2017, 79, p. 93.

53 S. Krebber, “Die unionsrechtlichen Vorgaben zur Zulässigkeit der Befristung von Arbeitsverhältnissen”, EuZA , 2017, 1, p. 22.

54 S. Kamanabrou, “Successful Rules on Successive Fixed-Term Contracts?”, ICLLIR , vol. 33, 2017, 2, p. 221.

55 T. Sala Franco, E. López Terrada, “Propuestas para un debate sobre la reforma de la contratación temporal”, DRL , 2017, 11, p. 1090.

56 M.E. Casas Baamonde, “La contratación temporal: problemas y soluciones. Un debate necesario”, DRL , 2017, 11, p. 1098. A. Goldin, op. cit .

57 T. Sala Franco, “Acerca de la Directiva comunitaria 1999/70, sobre el trabajo de duración determinada y de la sentencia del Tribunal de Justicia comunitario de 14 de septiembre de 2016”, DRL , 2017, 3, p. 217.

58 A. López Hernández, ”La contratación laboral temporal a partir del caso de Diego Porras (asunto C-596/2014) ”, DRL , 2017, 10, p. 998.

59 See, for example, M. Debono, V. Marmarà, “Perceived Precarious Employment in Malta”, E-JICLS , 2017, vol. 6, 2.

62 M.D. Ferrara, “La ricerca a termine: problemi e prospettive del reclutamento dei ricercatori universitari”, DLM , 2017,1, p. 61.

63 W. Hamann, E. Klengel, “Klengel Die Überlassungsdauer des reformierten AÜG im Lichte des Unionsrechts”, EuZA , 2017, 2, p. 194. W. Hamann, E. Klengel, “Die AÜG-Reform 2017 im Lichte der Richtlinie Leiharbeit”, EuZA , 2017, 4, p. 485. M. Maul-Sartori, P. Remy, “La réforme de la loi allemande relative au prêt de main-d’oeuvre: des rapprochements avec le droit français, notamment à la faveur de la transposition de la directive 2008/104”? RDT , 2017, 2, p. 148. J. Ulber, “Die AÜG-Reform oder besser: Neuregelung zur Diskriminierung und zum funktionswidrigen Einsatz von Leiharbeitnehmern”, AUR , 2017, 6, p. 238.

64 Cf. J. Uber, ibid . On the implementation of the principle of equal treatment see also B. Kresal Šoltes, “Razmejitev obveznosti med agencijo in podjetjem uporabnikom ter načelo enakega obravnavanja – je lahko model tudi za druge nestandardne oblike dela”, E&E , 2/3, p. 199.

66 F. Martelloni, “I rimedi nel «nuovo» diritto del lavoro autonomo”, LD , 2017, 3/4, p. 517. S. Bini, “Para-subordinación y autonomía. El derecho del trabajo italiano en transformación”, TL , 2017, 136, p. 49. D. Mezzacapo “L’incerta figura delle collaborazioni organizzate dal committente”, RGL , 2017, 1, I, p. 49. A. Riccobono, “Sulla «Carta dei diritti» della Cgil. La riforma dei contratti e dei rapporti di lavoro: privato e pubblico a confronto”, RGL , 2017, 1, I, p. 63.

67 A. Perulli, “Il lungo viaggio del lavoro autonomo dal diritto dei contratti al diritto del lavoro, e ritorno”, LD , 2017, 2, p. 25. See also, S. Giubboni, “Il Jobs act del lavoro autonomo: commento al capo I della legge n. 81/2017”, DLRI , 2017, 155, p. 471. Marteloni, op. cit . G. Santoro-Passarelli, “Lavoro etero-organizzato, coordinato, agile e telelavoro: un puzzle non facile da comporre nell’impresa in via di trasformazione”, DRI , 2017, 3, p. 771.

68 B. Waas, “What role for solopreneurs in the labour market?”, ELLJ , 2017, 2, p. 154. R. Wank, “Der Arbeitnehmer-Begriff im neuen § 611a BGB“, AUR , 2017, 4, p. 140.

69 Davies , op. cit . See also M. Böttcher, “Der Employment Status im englischen Arbeitsrecht“, EuZA , 2017, 3, p. 370. On the question of the employment status of limited liability partnership (LLP) members, E. Berry, “When Is a Partner/LLP Member Not a Partner/LLP Member? The Interface with Employment and Worker Status”, ILJ , 2017, vol. 46, 3, p. 309.

70 C.L. Alfonso Mellado, G. Fabregat Monfort, R. Pardo Gabaldón, “Reformas urgentes en materia de trabajo autónomo: medidas laborales”, RDS , 2017, 80, p. 27. See also A. Todolí-Signes, “Los falsos autónomos en el contrato de franquicia”, RDS , 2017, 77, p. 105 and A. Duval, O. van Maren, “The Labour Status of Professional Football Players in the European Union. Unity in/and/or diversity?”, ELLJ , 2017, 3, p. 258.

71 T. Treu, “Rimedi, tutele e fattispecie: riflessioni a partire dai lavori della Gig economy”, LD , 2017, 3/4, p. 367.

73 M. Sargeant, “The Gig Economy and the Future of Work,” E -JICLS , 2017, vol. 6, 2. A. Todolí-Signes, “The End of the Subordinate Worker? The On-Demand Economy, the Gig Economy, and the Need for Protection for Crowdworkers”, IJCLLIR , 2017, vol. 33, 2, p. 241.

74 A. Fabre, M.C. Escande-Varniol, “Le droit du travail peut-il répondre aux défis de l’ubérisation ?”, RDT , 2017, 3, p. 166. See, for a general labour relations perspective on these major changes, Villalon, op. cit .

75 S. González Ortega, “Trabajo asalariado y trabajo autónomo en las actividades profesionales a través de las plataformas informáticas”, TL , 2017, 138, p. 85. T. Pasquier, “Sens et limites de la qualification de contrat de travail”, RDT , 2017, 2, p. 95. Sargeant, op. cit . L. Ratti, “Online Platforms and Crowdwork in Europe: A Two-Step Approach to Expanding Agency Work Provisions ” , CLL&PJ , 2017, vol. 38, 2, p. 477.

76 S. Auriemma, “Impresa, lavoro e subordinazione digitale al vaglio della giurisprudenza”, RGL , 2017, 2, I, p. 281. V. De Stefano, “Lavoro «su piattaforma» e lavoro non standard in prospettiva internazionale e comparata”, RGL , 2017, 2, I, p. 241. J. Prassl, “Uber devant les tribunaux”, RDT , 2017, 6, p. 439. F. Trillo Párraga, “Uber, ¿sociedad de la información o prestadora de servicios de transporte?”, RDS , 2017, 80, p. 127.

77 A. Perulli, “Lavoro e tecnica al tempo di Uber ”, RGL , 2017, 2, I, p. 195. Todolí-Signes, op. cit . V. De Stefano, op. cit .

78 J. Prassl, M. Risak, “Le piattaforme di lavoro on demand come datori di lavoro,”, RGL , 2017, 2, I, p. 219.

79 A. Perulli, “Il lungo viaggio del lavoro autonomo dal diritto dei contratti al diritto del lavoro, e ritorno”, LD , 2, p. 25. See also Ratti op. cit. M.E. Casas Baamonde, op. cit. M. Rodríguez-Piñero Royo M., “La agenda reguladora de la economía colaborativa: aspectos laborales y de seguridad social”, TL , 2017, 138, p. 125.

80 M. Zou, “The Regulatory Challenges of ‘Uberization’ in China: Classifying Ride-Hailing Drivers”, IJCLLIR , 2017, vol. 33, 2, p. 269. For the US, see T. Treu, op. cit .

83 S. Engblom, “Una prospettiva sindacale su digitalizzazione e Gig economy ” , RGL , 2017, 2, I, p. 357. M. Mensi, “Lavoro digitale e sindacato”, RGL , 2017, 3, I, p. 525.

84 C. Sánchez-Rodas Navarro, “Poderes directivos y nuevas tecnologías”, TL , 2017, 138, p. 163. J. Cruz Villalon, “El futuro del trabajo y su gobernanza ”, TL , 2017, 137, p. 13.

85 P.H. Cialti, “El derecho a la desconexión en Francia: ¿más de lo que parece?”, TL , 2017, 137, p. 163. E. Durlach, M. Renaud, “Das Recht auf Nichterreichbarkeit – Droit à la Déconnexion – nach der Loi Travail», AUR , 2017, 5, p. 196. C. Molina Navarrete, “Jornada laboral y tecnologías de la info-comunicación: «desconexión digital», garantía del derecho al descanso”, TL , 2017, 138, p. 249. D. Senčur Peček, “Delovni čas v dobi stalne dosegljivosti”, E&E , 2017, 2/3, p. 155.

86 See the DRI special issue on “lavoro agile”, particularly. E. Dagnino, “Il diritto alla disconnessione nella legge n° 81/2017 e nell’esperienza comparata ”, DRI , 2017, 4, p. 1024. See also A. Allamprese, F. Pascucci, “La tutela della salute e della sicurezza del lavoratore «agile»”, RGL , 2017, 2, I, p. 307. R. Casillo, “La subordinazione ‘agile‘”, DLM , 2017, 3, p. 529.

87 M.J. Cervilla Garzón, “Efectos del uso de la aplicación “whatsapp” en el marco de las relaciones laborales ” , TL , 2017, 136, p. 73. C. Colapietro, “Tutela della dignità e riservatezza del lavoratore nell’uso delle tecnologie digitali per finalità di lavoro”, DLRI , 2017, 155, p. 439.

88 R. Gallardo Moya, “Un límite a los límites de la vida privada y de la correspondencia en los lugares de trabajo”, RDS , 2017, 79, p. 141. B. Ancel, “Big Brother au bureau: impératif sécuritaire ou crépuscule du droit à la vie privée? Regards croisés États-Unis - Europe” , RDT , 2017, 3, p. 219.

89 M.E. Terradillos Ormaechea, “El principio de proporcionalidad como referencia garantista de los derechos de los trabajadores en las últimas sentencias del TEDH dictadas en materia de ciberderechos”, RDS , 2017, 80, p. 139. F. Valdés Dal-Ré, “Doctrina constitucional en materia de videovigilancia y utilización del ordenador por el personal de la empresa ” , RDS , 2017, 79, p. 15. E. González Biedma, “Derecho a la información y consentimiento del trabajador en materia de protección de datos”, TL , 2017, 138, p. 223.

90 J. Goñi Sein, “Nuevas tecnologías digitales, poderes empresariales y derechos de los trabajadoresanálisis desde la perspectiva del Reglamento Europeo de Protección de Datos de 2016”, RDS , 2017, 78, p. 15.

91 See, respectively, V. Aniballi, “La regulación italiana de los controles a distancia: el «nuevo» art. 4 del Estatuto de los trabajadores”, DRL , 2017, 8, p. 795 and Ancel, op. cit .

92 R. Naughton, “Early academic research in Australian labour law: 1920-60”, AJLL , 2017, vol. 30, 1, p. 58.

93 B. Keller, “Arbeit und Rechtsgeschichte, Die großen Streiks im öffentlichen Dienst, Verlauf und Erklärung”, AuR , 2017, 1, p. G 1.

94 L. Mallmann, “Arbeit-Nordwest und METALL NRW, Kontinuität oder Diskontinuität?”, AuR , 2017, 3, p. G 5.

96 M. Fuchs, ”Ein sozialrechtlicher Quantensprung: Die Entstehung der gesetzlichen Unfallversicherung”, AuR , 2017, 7, p. G 13.

98 W. Däubler, “Der Mössinger Generalstreik vom 31.1.1933 – praktiziertes Widerstandsrecht?”, AuR , 2017, 11, p. G 21.

99 K.D. Ewing, J. Hendy, “The Strasbourg Court Treats Trade Unionists with Contempt: Svenska Transportarbetareförbundet and Seko v. Sweden”, ILJ , 2017, vol. 46, 3, p. 435.

100 A.D.K. King, “Memory, Mobilization and the social Basis of Intra-Union Division: Some Lessons from the 2009-2010 USW Local 6500 Strike in Sudbury, Ontario”, E-JICLS , 2017, vol. 6, 3.

101 J. Elgar, B. Simpson, “The Impact of the Law on Industrial Disputes Revisited: A Perspective on Developments over the Last Two Decades”, ILJ , 2017, vol. 46, 1, p. 6.

102 A. Forsyth, J. Howe, P. Gahan, I. Landau, “Establishing the Right to Bargain Collectively in Australia and the UK: Are Majority Support Determinations under Australia’s Fair Work Act a More Effective Form of Union Recognition?”, ILJ , 2017, vol. 46, 3, p. 335.

103 D. Sideris, C. Triadafillidis, “Die Reform des griechischen Arbeitsrechts durch Memoranda I, II und III“, ZIAS , 2017, vol. 31, 1, p. 66.

104 M. Freedland, N. Kountouris, “Some Reflections on the ‘Personal Scope’ of Collective Labour Law”, ILJ , 2017, vol. 46, 1, p. 52. O. Levannier-Gouël, “L’intégration étroite et permanente à la communauté de travail, Condition d’accès et de maintien des salariés dans leurs fonctions représentatives”, RDT , 2017, 1, p. 19. S. Banerjee, Z. Mahmood, “Judicial Intervention and Industrial Relations: Exploring Industrial Disputes Cases in West Bengal”, ILJ , 2017, vol. 46, 3, p. 366.

105 A. Bogg, “‘Individualism’ and ‘Collectivism’ in Collective Labour Law ” , ILJ , 2017, vol. 46, 1, p. 72.

106 K. Ewing, J. Hendy, “New Perspectives on Collective Labour Law: Trade Union Recognition and Collective Bargaining”, ILJ , 2017, vol. 46, 1, p. 23.

107 A.J. Rolland, “Recent Developments in Unionizing the Precarious Workforce: The Exemption Regimes of Care Workers and Farm Workers in Quebec”, CLELJ , 2017, vol. 20, 1, p. 107.

109 B. Rogers, S. Archer, “Protecting Concerted Action Outside the Union Context”, CLELJ , 2017, vol. 20, 1, p. 141. D. Taras, “Nonunion Representation in Law and Practice”, CLELJ , 2017, vol. 20, 1, p. 175.

110 J.I. Pérez Infante, “La estadística de convenions colectivos y la medición de la cobertura de la negociación colectiva”, TL , 2017, 136, p. 159. De Val Tena, “El convenio colectivo de empresa”, RDS , 2017, 79, p. 205.

112 J. Cavalcanti Boucinhas Filho, “La reforma laboral de 2017 y la negociación colectiva en Brasil/ The labour reform of 2017 and collective bargaining in Brazil”, TL , 2017, 139, p. 159.

113 R. Bodas Martí, “Cuestiones jurisprudenciales sobre la negociación colectiva”, TL , 2017, 139, p. 55. E. Carrizosa Prieto, Il impacto de las normas de concurrencia tras las reformas legales, TL , 2017, 140, p. 75. M. García Jiménez, “Ámbitos de la negociación colectiva”, TL , 2017, 140, p. 17.

114 U. Romagnoli, G. Cazzetta, “Sobre la crisis del derecho laboral (una entrevista”), RDS , 2017, 80, p. 13. M. Lai, “Una “norma di sistema” per contrattazione e rappresentanza”, DRI , 2017, 1, p. 45.

116 K. Bepler, “Ein Zwischenurteil? – Bemerkungen zum Tarifeinheitsurteil des Bundesverfassungsgerichts”, AuR , 2017, 10, p. 380.

118 D. Gagne, M.J. Dupuis, “Constitutionnalisation du droit du travail et transformation du devoir de représentation syndicale: quelques questionnements concernant les clauses «orphelin», CLELJ , 2017, vol. 20, 1, p. 1.

119 L. Valente, “I ruoli del sindacato e delle istituzioni per la soluzione delle crisi occupazionali”, DRI , 2017, 3, p. 729. A. Baylos Grau, “Notas sobre la regulación de la huelga en los servicios esenciales en Castilla-La Mancha”, RDS , 2017, 78, p. 195.

120 F. Navarro Nieto, “El ejercicio de la actividad sindical a través de las tecnologías de la información y de las comunicaciones”, TL , 2017, 138, p. 49.

121 V. Franca, “Bodo od evropskega socialnega dialoga ostali samo še nezavezujoči dogovori? Pregled in analiza obstoječih praks ” , E&E , 2017, 4, p. 475.

122 H. Zimmermann, “Zum Stellenwert der allgemeinen Aufgaben des Betriebsrats gemäß § 80 Abs. 1 BetrVG und seinen sich daraus ergebenden Handlungspflichten,” AuR , 2017, 5, p. 192.

123 M. Eylert, “Mitbestimmung des Betriebsrats bei der Arbeitszeit im Spiegel der aktuellen Rechtsprechung”, AuR , 2017, 1, p. 4.

124 M. Halgmann, “Betriebsvereinbarungen zur Arbeitszeit – Die Rolle von Macht in Verhandlungsprozessen”, AuR , 2017, 3, p. 106.

126 R.P. Hayen, “Änderung des EBRG für Seeleute – Sitzungsteilnahme per Videokonferenz möglich!”, AuR , 2017, 10, p. 394.

127 R. Thannisch, “Unternehmensmitbestimmung: Aktuelle Herausforderungen und Reformoptionen“, AuR , 2017, 11, p. 480.

128 K. Lukas, “Der Kollektivbeschwerdemechanismus der Europäischen Sozialcharta - aktuelle Entwicklungen”, ZIAS , 2017, vol. 31, 1, p. 113.

129 R. Buschmann, “Review on Bruun/Lörcher/Schömann/Clauwaert: The European Social Charter and the Employment Relation”, AuR , 2017, 3, p. 27.

130 E. Shilton, “Public Rights and Private Remedies: Reflections on Enforcing Employment Standards through Grievance Arbitration”, CLELJ , 2017, vol. 20, 1, p. 201.

131 I.C. Maggio, “La conciliazione e l’arbitrato nel diritto del lavoro: lo stato dell’arte”, DRI , 2017, 1, p. 98.

133 P. Rataj, “Izbrane dobre prakse vrhovnih sodišč držav clanic EU in možnosti njihove uporabe v delovnih in socialnih sporih”, E&E , 2017, 2-3, p. 299.

135 V. Bavaro, “Sulla prassi e le tendenze delle relazioni industriali decentrate in Italia (a proposito di un’indagine territoriale)”, DRI , 2017, 1, p. 13.

139 M.L. Pérez Guerrero, “Los medios de solución extrajudicial de conflictos laborales en el sector público : problemática”, TL , 2017, 140, p. 399.

141 M. Liu, S. Kuruvilla, “The State, The Unions, and Collective Bargaining in China: The Good, the Bad and the Ugly”, CLL&PJ , 2017, vol. 38, 2, p. 187.

144 R. Santagata De Castro, “Indisponibilità del tipo, ragionevolezza e autonomia collettiva. Sul nuovo articolo 2, comma 2, decreto legislativo n. 81/2015”, DRI , 2017, 2, p. 397.

146 M. Tiraboschi,”l lavoro agile tra legge e contrattazione collettiva: la tortuosa via italiana verso la modernizzazione del diritto del lavoro”, DRI , 2017, 4, p. 921.

148 T. Klein, D. Leist, “Kein Einsatz von Leiharbeitnehmern als Streikbrecher – Die Neuregelung in § 11 Abs. 5 AÜG n.F. im Hinblick auf Auslegung, Schutzlücken, Rechtsfolgen und Durchsetzung”, AuR , 2017, 3, p. 100.

149 J. Lopez Lopez, “Diminishing Unions’ Agency: Weakening Collective Bargaining and Criminalizing Picketing in the Spanish Case”, CLL&PJ , 2017, vol. 38, 2, p. 169.

150 J. Pérez Rey, “El Tribunal Constitucional ante el esquirolaje tecnológico (o que la huelga no impida ver el fútbol)”, RDS , 2017, 77, p. 151.

152 J.P. Marguénaud, J. Mouly, C. Nivard, “Que faut-il attendre de la Cour européenne des droits de l’homme en matière de droits sociaux?”, RDT , 2017, 1, p. 12.

153 T. Novitz, “The Restricted Freedom to Strike: “Far-Reaching” ILO Jurisprudence on the Public Sector and Essential Services”, CLL&PJ , 2017, vol. 38, 3, p. 353.

154 T. Novitz, “Beamtenstreikrecht, Streik in der Daseinsvorsorge und das Recht auf politischen Streik – Teil 1“, AuR , 8/9, p. 324; – Teil 2 , AuR , 10, p. 376.

157 J.M. Servais, “The Right to Take Industrial Action and the ILO Supervisory Mechanism Future”, CLL&PJ , 2017, vol. 38, 3, p. 375.

158 N. Smit, “International Developments Regarding the Implementation of the Right to Strike ” , CLL&PJ , 2017, vol. 38, 3, p. 395.

159 C. La Hovary, “Article 37 of the ILO Constitution: An Unattainable Solution to the Issue of Interpretation?”, CLL&PJ , 2017, vol. 38, 3, p. 337.

160 U. Wendeling-Schröder, “Schadensersatz drittbetroffener Unternehmen bei Streiks?”, AuR , 2017, 3, p. 96.

162 R. Bram, “Aktuelle prozessrechtliche Fragen im einstweiligen Rechtsschutz von Arbeitskampfmaßnahmen“, AuR , 2017, 6, p. 242.

163 A. Bücker, “Richterliche Erkenntnisse über wahre Streikziele und die Rühreitheorie”, AuR , 2017, 8/9, p. 328.

Pour citer cet article

Référence papier.

Mariapaola Aimo , Rudolf Buschmann et Daniela Izzi , « Labour law beyond national borders: major debates in 2017 » ,  Revue de droit comparé du travail et de la sécurité sociale , 4 | 2018, 192-214.

Référence électronique

Mariapaola Aimo , Rudolf Buschmann et Daniela Izzi , « Labour law beyond national borders: major debates in 2017 » ,  Revue de droit comparé du travail et de la sécurité sociale [En ligne], 4 | 2018, mis en ligne le 01 novembre 2021 , consulté le 31 mars 2024 . URL  : http://journals.openedition.org/rdctss/1816 ; DOI  : https://doi.org/10.4000/rdctss.1816

Mariapaola Aimo

Associate Professor - University of Turin, Law Department

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Rudolf Buschmann

Maître de conférences associé à l’Université de Kassel Ancien rédacteur en chef Arbeit und Recht

Daniela Izzi

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Professor Emeritus of Management, Colorado State University

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Associate Professor in Law, University of Adelaide

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Professor of Employment Relations, School of Business and Law, CQUniversity Australia

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Associate Professor, UNSW Sydney

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Professor of Law, University of Sydney

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Associate Professor, TC Beirne School of Law, the University of Queensland; International Distinguished Fellow, the Burton Blatt Institute, Syracuse University., The University of Queensland

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Reader, University of the West of Scotland

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Lecturer in Law, Lancaster University

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Professor of Law, University of Strathclyde

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Professor of Law, Te Herenga Waka — Victoria University of Wellington

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Employment and Labor Law Research

Introduction, full-text law review articles - westlaw & lexis, full-text law review articles - heinonline, law review articles - index to legal periodicals, finding non-legal articles - gleeson library resources, legal & non-legal articles - google scholar, is the journal i need at usf.

  • Lawyers' Tools - Primary Law & More
  • Staying Current
  • Legislative History
  • Selected Web Sites

Articles — especially law review/journal articles — will give you detailed discussions of very specific issues, and will cite extensively cases, statutes, regulations, and other useful sources.

The Zief Law Library's Finding Articles guide links to and describes the full range of options for finding law review/law journal articles. This page highlights several tools and methods that are useful for labor and employment law research.

This page also highlights some sources for finding non-legal, scholarly articles relevant to labor and employment law.

  • Law Reviews & Journals - Westlaw Use the "advanced" search template to boost the relevance of your results.
  • Law Reviews and Journals - Lexis Advance Use the "Advanced Search" template to boost the relevance of your results.

For full-text law review and journal sources on Westlaw and Lexis, experiment with these strategies to enhance the relevance of your results:

Using the "advanced" template in Westlaw's "Law Reviews & Journals" source or the "Advanced Search" template in Lexis Advance's "Law Reviews and Journals" source

Running terms & connectors ("Boolean") searches, especially using the grammatical connectors. The grammatical connectors are w/p and w/s on Lexis. They're /p and /s on Westlaw)

Searching in the Title field or segment, e.g.,

title(pregnan! and discrim!)

Natural language searching

The Law Journals Library from HeinOnline contains the largest collection of full-text law review and law journal articles anywhere, easily surpassing what's available Lexis or Westlaw. The mostly-natural-language search engine is increasingly sophisticated.

  • Law Journal Library - HeinOnline This link opens in a new window Almost complete, full-text coverage of all United States law reviews and journals, in most cases starting with the first volume of the journal and including all but the most recent volume. For search tips, see the cheat sheet . (For current USF students, faculty, and staff.) [If remote access is not working, try this on-campus link for the Law Journal LIbrary .]

For alternatives to the more widely-used article-finding tools , try Index to Legal Periodicals. Broad searches in ILP often return more thorough and more relevant results than you might get from other law review sources.

  • Index to Legal Periodicals & Books Retrospective This link opens in a new window Comprehensive citations to articles from 1908 to 1981. Full text available for selected articles. (For current USF students, faculty, and staff.) (ILP for years prior to 1908 is available in print at K 33 .I54 Law Reference.)

To find non-legal articles, try starting with Gleeson Library's Databases page. Of the many research options available there, he following selected, specialized tools for finding articles and books in the social sciences will be useful to researchers with multi-disciplinary topics

If you find a citation to an article but no (working) link to the text, use USF's Journal Finder to see if USF has the journal in print or digital format.

  • Gleeson Library - Databases This link opens in a new window Research databases for finding articles, news, dissertations, statistics, books, and more. more... less... This A-to-Z list of databases also lets you view databases by subject, type, and vendor. For multi-disciplinary databases, select "Multi-Subject" from the "All Subjects" pull-down menu.
  • ABI/Inform Complete "The gold standard when it comes to business research databases." more... less... Includes: "important full‐text journals and much sought‐after titles from the business press as well as key trade publications, dissertations, conference proceedings, and market reports."
  • Business Source Complete "The world's definitive scholarly business database." more... less... Lots of full-text articles, plus "indexing and abstracts for the most important scholarly business journals back as far as 1886."
  • EconLit Citations to articles, essays, proceedings, books, book reviews, dissertations, and working papers on economics, from 1969 to the present.
  • SocINDEX with Full Text Access to the scholarly literature of sociology. more... less... Full-text of articles, plus citations and abstracts to articles on sociology from the late 19th century or early 20th century to the present.
  • Political Science Complete Access to the scholarly literature of political science (and related fields, including international relations, law, and public administration⁄policy). more... less... Full-text of articles, plus citations and abstracts. Selective coverage extends as far back as the 19th century.
  • CQ Researcher Overviews and analyses of current issues.
  • America: History and Life Citations to and abstracts of articles on U.S. and Canadian history, culture, and current affairs, from 1963 to the present.
  • Historical Abstracts Citations to and abstracts of articles on world history (excluding the United States and Canada), from 1954 to the present.
  • ProQuest Statistical Insight Very rich source for federal, state, and non-governmental statistical studies. For search tips check the Quick Start: Statistical Insight guide. [For current USF students, faculty, and staff.]
  • Google Scholar After you search, you can use "Advanced Search" option to limit by author, journal, or date. For search tips and advice, see Google Scholar Help & Search Tips

Google Scholar, while not comprehensive, provides a quick way to get a cross-disciplinary set of articles. It can be especially useful as you start your research and are still refining your search terms.

So you have a citation to a great-sounding article — but not  direct link to the full text....

How do you tell if the article is available at USF?

Just use USF's "Journal Finder" to look up the title of the journal that published the article. If that journal is available at USF, it will (usually) show up in the journal finder.  

(One caveat : the Journal Finder doesn't tell you if a journal is on Westlaw or on Lexis Advance.)

  • Journal Finder - USF Libraries This link opens in a new window Enter the title of the journal to see if USF has the journal and article you need. (A link to "USF Print and Online Journal Holdings" means that one of the USF libraries has the journal - or some years of it - in print.) (For off-campus access to digital journals in your Journal Finder results, enter your last name and USF ID number.)
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Labor & Employment Law Research

  • INTRODUCTION
  • PRIMARY SOURCES
  • LOOSELEAF SERVICES
  • EMPLOYEE BENEFITS
  • LEGAL ETHICS IN LABOR AND EMPLOYMENT LAW PRACTICE
  • DISCOVERY IN LABOR AND EMPLOYMENT LAW LITIGATION

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Introduction

Labor law governs relations between employers and employees who are members of labor unions. Employment law affects the relationship between employers and employees, not involving labor unions. Topics of labor and employment law discussed in this guide include labor relations law, labor arbitration, employment discrimination, personal employee rights, and employee benefits. Selected materials related to discovery and legal ethics are also included.

Labor and employment statutes and regulations exist at both the federal and state level. A listing of relevant state statutory provisions can be found at the Legal Information Institute linked below. Statutes and regulations are enforced and interpreted by administrative agencies and the courts. This means that both administrative and judicial primary sources may contain relevant information.

This guide provides a starting point for research in the areas of labor and employment law.  It includes selected sources that cover labor and employment law in general or focus on particular topics within this area of law. To find other sources, consult the bibliographies, research guides, library catalogs, and periodical indexes noted at the end of the guide.

  • BloombergLaw - Labor & Employment Law Practice Center
  • VitalLaw - Labor & Employment Law Practice Center
  • Next: PRIMARY SOURCES >>
  • Last Updated: Mar 30, 2024 12:15 PM
  • URL: https://libguides.law.umn.edu/Labor

labour law related research topics

Journal of Labor Research

  • Offers a diverse range of topics on employment practices and policies.
  • Focuses on new types of employment relationships, and emerging economic and institutional arrangements related to labor issues.
  • Provides objective analyses of employee-related issues.

This is a transformative journal , you may have access to funding.

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Latest issue

Volume 45, Issue 1

Latest articles

Mobile politicians: opportunistic career moves.

  • Duha T. Altindag

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Exposure to Economic Distress during Pregnancy and Birth Outcomes

  • Mevlude Akbulut-Yuksel
  • Seyit Mümin Cilasun
  • Belgi Turan

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Estimating Long-Term Impacts of Wartime Schooling Disruptions on Private Returns to Schooling in Kuwait

  • Mohamed Ihsan Ajwad
  • Faleh AlRashidi

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Inter-Industry Wage Differentials in China: Evidence from a Correlated Random Effect Model

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On-The-Job Training and Learning: Formal Training versus Learning by Doing

  • Kevin Siqueira

Journal updates

Call for editor-in-chief.

Springer Science + Business Media is seeking applications and nominations for the position of Editor-in-Chief for the Journal of Labor Research. Click here for more information. 

Call for Papers: Multi-Journal Collection on SDG 8

Neuer Inhalt

Recent Top Cited Papers

Read the most cited articles recently published in the Journal of Labor Research. 

Journal information

  • ABS Academic Journal Quality Guide
  • Australian Business Deans Council (ABDC) Journal Quality List
  • Current Contents/Social & Behavioral Sciences
  • Google Scholar
  • OCLC WorldCat Discovery Service
  • Research Papers in Economics (RePEc)
  • Social Science Citation Index
  • TD Net Discovery Service
  • UGC-CARE List (India)

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Labor and Employment Law: Topics

  • Federal Laws
  • Employee Retirement Income Security Act (ERISA)
  • Agencies & Regulations

Disability laws protect disabled individuals from certain kinds of discrimination, particularly regarding employment, housing, education, and access to public services. Today, disability law is largely regulated by the Americans with Disabilities Act (ADA) of 1990 , 42 U.S.C. § 12101.

42 U.S.C.A. § 12112(b)(5)(A) requires that individuals with disabilities be granted reasonable accommodations in order to perform the essential functions of their jobs and have equal opportunities in employment.

  • See U.S. Department of Labor Disability Resources.
  • Gary S. Marx, Disability Law Compliance Manual ( Westlaw)
  • Americans With Disabilities Act: Employee Rights And Employer Obligations (Matthew Bender 2019 update).

Health Plans and Retirement Benefits

Employee welfare benefit plans are established by an employer, a group of associated businesses, or by an employee organization (such as a union), that provide medical care and other benefits for participating employees. Most private sector health plans are covered by the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001.

  • See U.S. Department of Labor's ERISA page.
  • Employee Benefits Security Administration page of key laws.
  • Bureau of Labor Statistics , Employee Benefits Survey.
  • Gary I. Boren & Norman P. Stein, Qualified Deferred Compensation Plans (2019 update)
  • Andrew J. Ruzicho et al., 2 Employment Law Checklists and Forms - ERISA § § 66-67 (Westlaw).
  • Lexis Practice Advisor: ERISA & Fiduciary Compliance.

Leave Benefits

The Family and Medical Leave Act of 1993 (FMLA), 29 U.S.C.A. §§ 2601 et seq ., was enacted to allow employees to take reasonable unpaid leave for a maximum of 12 weeks (26 weeks for covered servicemembers) for medical reasons, birth or adoption of a child, and for the care of a child, spouse, or parent who has a serious health condition. 29 C.F.R. § 825.101 . All private employers with 50 or more employees are considered “covered employers” for purposes of the FMLA.

  • Family and Medical Leave Act, text and annotations (Westlaw)
  • Family & Medical Leave Handbook (Westlaw)
  • XpertHR Employment Law Manual 2500, FMLA (Lexis Advance)
  • LexisNexis 50-State Survey: Labor & Employment Law - Leaves of Absence
  • Dep't of Labor, Family and Medical Leave Act Employee Guide (Westlaw).

Labor Dispute Resolution

By contract, most labor disputes must be resolved through arbitration. The American Arbitration Association is the largest private forum for labor disputes. Its website includes Rules and Procedures, Fees, Online Filing of arbitration documents.

The National Labor Relations Board conducts labor elections, investigates charges, facilitates settlements, decides cases, enforces orders, and makes labor rules.

International Labor Issues

Dep't of Labor, Bureau of International Labor Affairs:      - child labor, trafficking, trade negotiation and enforcement, labor policy and diplomacy.

Int'l Org. of Employers, International Labor Standards

Univ. of Iowa Labor Ctr., International Workers' Rights

Workplace Safety and Health

  • Dep't of Labor, Occupational Safety and Health Administration (OSHA), Law and Regulations
  • Dep't of Labor, elaws - Employment Law Guide, Safety and Health Standards: Occupational Safety and Health
  • Mark A. Rothstein, Occupational Safety & Health Law (2019 ed.) (Westlaw)
  • LexisNexis 50-State Surveys, Statutes & Regulations - Labor & Employment Law - Occupational Safety & Health (August 2018) (Lexis).

Labor Relations

50 STATE STATUTORY SURVEYS: Employment - Labor and Arbitration - Collective Bargaining (Westlaw 2018)

50 STATE STATUTORY SURVEYS: Employment - Employee Protections - Right to Work Laws (Westlaw 2016)

Federal Service Labor-Management Relations Act, 5 U.S.C. §§ 7101-7135.

Federal Labor Relations Authority (FLRA) -  administers labor-management relations program for non-Postal federal employees.

National Labor Relations Board (NLRB) - independent federal agency with powers to safeguard employees' rights to organize and to determine whether to have unions as their bargaining representatives. The agency also acts to prevent and remedy unfair labor practices committed by private sector employers and unions.

Westlaw Forms: Collective Bargaining Agreements.

Mandatory Arbitration of Employment Disputes

  • Mandatory Arbitration of Employment-Related Claims (Practical Law) Arbitration clauses, whether in a stand-alone agreement or contained in an employment contract, are generally governed by the Federal Arbitration Act (FAA).
  • Employment Arbitration Agreements (US) (Practice Note, Practical Law)
  • Mandatory Arbitration of Statutory Rights (Wolters Kluwer)
  • Labor and Employment Arbitration (Lexis+)

Unemployment Insurance

U.S. Department of Labor, Employment & Training Administration, Unemployment Insurance Legislation.

  • About Unemployment Insurance
  • Unemployment Insurance Data

USA.gov: Unemployment Help

New York State Dep't of Labor: Unemployment Insurance

New Jersey Dep't of Labor and Workforce Development: Division of  Unemployment Insurance

Connecticut Dep't of Labor, Unemployment Insurance FAQ

HR Series Policies & Practices: Chap. 181, Unemployment Insurance  (Westlaw 2021)

XpertHR Employment Law Manual 854, Unemployment Insurance .

Workers' Compensation

  • LexisNexis® 50-State Surveys, Statutes & Regulations: Workers’ Compensation & SSDI
  • Practical Law: Workers' Compensation: Common Questions
  • New York Workers' Compensation (New York Practice Series) (Westlaw 2021)
  • Modern Workers' Compensation (2020 update) (Westlaw).

Whistleblower Protection

The Whistleblower Protection Act of 1989 , 5 U.S.C. 2302(b)(8)-(9), protects federal employees who report possible violations of federal law or regulations, or mismanagement, gross waste of funds, abuse of authority, or a substantial and specific danger to public health and safety.

President Obama issued Presidential Policy Directive 19 (PPD-19) , titled "Protecting Whistleblowers with Access to Classified Information," on October 10, 2012. It provides that employees in the Intelligence Community or who have access to classified information can report violations while protecting classified national security information, and prohibits retaliation.

Other federal statutes govern protection for whistleblowers under specific laws, such as securities laws. State laws provide protections for whistleblowers against private actors.

Whistleblower Law: A Practitioner's Guide (2019) (Lexis+)

Practical Law: Whistleblower Protections Under the Whistleblower Protection Act (Practice Note).

Cover Art

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  • URL: https://libraryguides.law.pace.edu/labor

Centre For Labour Laws

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NLIU Journal for Labour and Employment Law (NLIU-JLEL)

The Journal of Labour and Employment Law (JLEL) is a flagship publication aimed at fostering a critical and constructive dialogue on the development and application of laws that govern workplaces. By providing a platform for rigorous scholarly research, practical insights, and diverse perspectives, JLEL seeks to advance the understanding and practice of labour and employment law in India and beyond. With a strong commitment to social justice and equality, JLEL encourages interdisciplinary and intersectional approaches to address the complex challenges facing workers and employers today.

Through its annual publication and related events, JLEL engages with legal practitioners, policymakers, academics, and students to facilitate meaningful debate and discourse and to promote a fair and equitable regime of laws that promote decent work and respect for workers’ rights.

Labour and employment laws have become increasingly relevant in the contemporary world, as workers’ rights and working conditions are constantly changing due to technological advancements, globalization, and economic challenges.

Theme for the Volume III of the journal shall be “ Contemporary Developments and Trends in Labour and Employment Laws: Analysis and Implications ”. The Journal seeks to explore the latest developments and trends in labour and employment laws, and to analyze their implications on society, economy, and governance. This theme invites papers that analyze the legal framework of labour and employment, the role of social and political actors in shaping workplace regulations, the impact of emerging technologies on labour relations, and the intersectionality of labour laws with human rights, gender, race, and other dimensions of social identity.

The sub-themes of the Journal include (but are not limited to):

  • “Gender and Employment Law: Towards Equality and Inclusion.”
  • “Labour Law and Environmental Sustainability: Intersections and Challenges.”
  • “Migration of Labour and the Protection of Migrant Workers’ Rights.”
  • “The Future of Work and the Role of Employment Law in a Digital Economy.”
  • “Intersectionality and Labour Law: Addressing Multiple Forms of Discrimination.”
  • “The Gig Economy and the Precarious Nature of Work: Legal and Policy Implications.”
  • “Collective Bargaining and the Role of Trade Unions in the 21st Century.”
  • “Challenges in Enforcement of Labour Law: Access to justice.”
  • “Labour Law and Social Protection for Informal Sector Workers.”
  • “Labour Law and Health and Safety in the Workplace.”
  • “The Role of Corporate Social Responsibility in Labour Law Compliance.”
  • “Labour Law and Human Rights: A Converging Agenda.”
  • “Globalization and the Harmonization of Labour Standards.”
  • “Labour Law and the Right to Strike: Balancing Workers’ Rights and Public Interest.”
  • “The Impact of Artificial Intelligence and Robotics on Labour Law.”
  • “The Interplay between Labour Law and Economic Development.”
  • “Labour Law and Indigenous Peoples’ Rights.”
  • “Child Labour: Issues and Challenges in Regulation and Abolition.”
  • “The Role of International conventions on formulation of National Labour Policies.”
  • “Skill India and Labour Law: Bridging the Gap between Training and Employment.”
  • “Compassionate Appointments and Related Policies.”

CATEGORIES OF SUBMISSIONS

The submission can be made under any of the following categories:

  • Articles (4000 to 8000 words) The article must be a comprehensive and in depth analysis of the problem(s) or idea(s) dealt with by the author and should include references to a range of sources and contributions in the form of alternatives and suggestions. The word limit is exclusive of footnotes.
  • Essays and Short Articles (2000 to 4000 words) The essay must be an analysis of the problem(s) or idea(s) dealt with by the author and should include references to a range of sources and contributions in the form of alternatives and suggestions. The word limit is exclusive of footnotes.
  • Case Comment (2500 to 5000 words) The comment must be a critical analysis of a recent judgement, bringing out its relevance in light of development of laws, views expressed in the judgement and views of the author(s). The word limit is exclusive of footnotes.
  • Book Review (1500 to 3000 words) The review must be a crisp account of a recently published book including the issues explored and the related arguments of the author. The word limit is exclusive of footnotes.
  • Legislative Comment (2000 to 4000 words) The comment must analyse a recent legislative enactment. It must examine the objective of the legislation and the legal impact the same is expected to have. The word limit is exclusive of footnotes.

(NOTE: Submissions in the categories of Book Review(s), Case Comment(s) and Legislative Comment(s) will be highly appreciated.)

SUBMISSION GUIDELINES

*In case of any query contact: Devansh Malhotra (Editor-in-chief): +91 98724 50314 (WhatsApp only) Udhav Mittal (Managerial Head): +91 81307 34392 (WhatsApp only)

Employment & Labor Law Research

  • Statutes & Ordinances - Employment Law
  • Regulations - Employment Law
  • Cases - Employment Law
  • Administrative Decisions - Employment Law
  • Statutes - Labor Law
  • Regulations - Labor Law
  • Administrative Decisions - Labor Law
  • Statutes - Employment Discrimination Law
  • Administrative Agencies, Regs, Etc. - Employment Discrimination Law
  • Cases - Employment Discrimination Law
  • Secondary Sources: Washington
  • Secondary Sources: Employment Law Generally
  • Secondary Sources: Employment Law Topics

Alternative Dispute Resolution

Disability discrimination, employee benefits, global issues, occupational safety, termination, wages & hours, workers' compensation.

  • Secondary Sources: Employment Discrimination
  • Secondary Sources: Labor Law
  • Statistics, Economic Information
  • Staying Current in Employment & Labor Law

labour law related research topics

International Governmental Organizations

ILO (International Labour Organization)

The International Labour Organization (ILO) is a specialized agency of the UN. "The main aims of the ILO are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues."

NATLEX , "the database of national labour, social security and related human rights legislation maintained by the ILO's International Labour Standards Department."

OECD (Organisation for Economic Co-operation and Development)

The OECD iLibrary , available through UW Libraries, includes reports on a wide range of issues. A series, OECD Reviews of Labour Market and Social Policies has books on individual countries.

Cover Art

Graphic: Save your eyes - use your goggles, Poster for WPA Illinois Safety Division promoting safety and use of proper eye protection (1936 or 1937), Library of Congress

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Graphic: Dorothea Lange, photographer. Longshoremen's lunch hour. San Francisco waterfront. California . Feb. 1937,  Library of Congress .

labour law related research topics

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  • Last Updated: Feb 7, 2024 11:48 AM
  • URL: https://lib.law.uw.edu/emplabor

University of Wisconsin Law Library Research Guides

Uw-madison libraries research guides.

  • Course Guides
  • Subject Guides
  • University of Wisconsin-Madison
  • Research Guides
  • Employment & Labor Law
  • Related Topics

Employment & Labor Law : Related Topics

  • Federal Sources
  • Wisconsin Sources
  • Statistics / Trends

Americans with Disabilities

  • Americans with Disabilities Act Handbook by Henry H. Perritt Jr. Call Number: KF3469 .P47 2020 ISBN: 9781543816471 Publication Date: 2019-12-17 Americans with Disabilities Act Handbook Litigation involving the Americans with Disabilities Act (ADA) is one of the most significant fields of discrimination-based litigation facing business and government entities today. The Americans with Disabilities Act Handbook provides comprehensive coverage of the ADA's employment, commercial facilities, and public accommodations provisions as well as coverage of the transportation, communication, and federal, local, and state government requirements. In this comprehensive two-volume set, you'll get a complete analysis of the Act and all the forms and case law you'll need to prepare your case. Recognized ADA authority Henry H. Perritt, Jr., clearly defines statutory and regulatory requirements for public and private employers, commercial facilities and places of public accommodation. From in-depth analysis of the statutory definition of disability to practical guidance on all aspects of ADA litigation from complaint through jury instructions, Americans with Disabilities Act Handbook provides the full range of information you need to evaluate and litigate an ADA case successfully. The complete analysis of the rapidly expanding case law is organized by frequently litigated topics, like wheelchair access and AIDS discrimination. In-depth analysis is provided for the numerous federal and state cases and significant regulatory activity by the EEOC cropping up each year. You'll also get thorough analysis of how the Rehabilitation Act of 1973 relates to ADA. The statutory definition of disability and the concept of being "otherwise qualified" for a job are also discussed in-depth. And you'll see exactly what employers, business owners, and providers of governmental services must do to make "reasonable accommodation." Plus, a comprehensive section that organizes case law by type of physical and mental impairment and accommodation by type of job requirement is provided, making analysis easier. The Sixth Edition is significantly revised and recently updated coverage includes: New case law allowing parallel § 1983 claim for ADA violation Case law on being qualified when other employees can perform essential functions  New case law on attendance as an essential function of jobs New case law discussion on proof of substantial limitation on daily life activities New case discussion on employees who fail to participate effectively in exploring reasonable accommodation Limitation on requirements to accommodate absenteeism Obligation to make accommodations to lessen pain Requirement to accommodate deafness by providing sign-language interpreter Requiring employee applicants to pay for diagnostic tests New case law on direct threat defense New case law on retaliation New case discussion on who is a prevailing party entitled to receive attorneys' fees New case law on class actions Judge and jury roles and sequencing when both legal and equitable claims are pleaded Preclusive effect of claim for Social Security disability benefits New case law holding that exhaustion of Equal Employment Opportunity Commission remedies is not jurisdictional Rule 11 sanctions New case law on availability of front pay Case law on plaintiff burden to resist summary judgment New case law on religious exception New case law discussion on the Younger doctrine

labour law related research topics

Collective Bargaining

Employment discrimination.

labour law related research topics

  • The Balance Gap : Working Mothers and the Limits of the Law by Hampson, Sarah Cote Call Number: Online resource In recent decades, laws and workplace policies have emerged that seek to address the "balance" between work and family. Millions of women in the U.S. take some time off when they give birth or adopt a child, making use of "family-friendly" laws and policies in order to spend time recuperating and to initiate a bond with their children. The Balance Gap traces the paths individual women take in understanding and invoking work/life balance laws and policies. Conducting in-depth interviews with women in two distinctive workplace settings-public universities and the U.S. military-Sarah Cote Hampson uncovers how women navigate the laws and the unspoken cultures of their institutions. Activists and policymakers hope that family-friendly law and policy changes will not only increase women's participation in the workplace, but also help women experience greater workplace equality. As Hampson shows, however, these policies and women's abilities to understand and utilize them have fallen short of fully alleviating the tensions that women across the nation are still grappling with as they try to reconcile their work and family responsibilities.

labour law related research topics

  • You can't change what you can't see : interrupting racial & gender bias in the legal profession by Joan Williams Call Number: KF318 .W5373 2018 Publication Date: 2018

Family & Medical Leave

Workers' compensation.

  • Workers’ Compensation Business Management Guide by Commerce Clearing House Call Number: Law Library Reference KF 3613.4 W67
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Advancing social justice, promoting decent work

Ilo is a specialized agency of the united nations, 2030 development agenda, apprenticeships, care economy, child labour, collective bargaining and labour relations, cooperatives, crisis response, digital labour platforms, decent work, disability and work, domestic workers, dw4sd resource platform, economic and social development, employment injury insurance and protection, employment intensive investment, employment promotion, employment security, equality and discrimination, forced labour, human trafficking and slavery, freedom of association, future of work, industries and sectors, labour administration and inspection, labour migration, least developed countries, maritime labour convention, millennium development goals, non-standard forms of employment, rural economy, safety and health at work, skills, knowledge and employability, social and solidarity economy, social dialogue and tripartism, social protection, supply chains, working conditions, youth employment.

Law - LLM in Labour Law: Dissertations & Theses

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A link to our Reputable Links page.

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UJ Theses and Dissertations

UJ IR is the University of Johannesburg's Open Access Institutional Repository. The IR collects and maintains intellectual scholarship such as published journal articles (post-print), conference papers and proceedings, data sets, reports, theses and dissertations in a free and open environment.

Electronic Theses & Dissertations completed at UJ can be searched by clicking on the arrow next to "Browse" and then selecting "Communities & Collections".  Theses/Dissertations can also be browsed by Title, Creator (Author), Subject and Contributor (Supervisor).

  • UJ IR (Institutional Repository)
  • UJ IR (Institutional Repository - Law community)
  • UJLink (UJ Library Catalogue)

SA Theses and Dissertations Databases

  • Nexus - Current and Completed Research Projects Database This database provides information on current and completed research projects including theses and dissertations in South Africa. It provides information on all fields of science since 1919. Includes citations, some abstracts & a limited number of records with links to full-text. ** Contact your librarian for a Nexus search.
  • National ETD Portal: South African Thesis and Dissertations This database contains online full-text dissertations and theses completed at South African universities. No password is required for access. Select the relevant title for more information. Select the Identifier link for the full-text of the study in the specific Institution's Repository.

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  1. Handbook on Labour Laws English, Paperback, Ullas Kumar Saha central

    labour law related research topics

  2. Labor Law Posters

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  3. Concept of Decent Work under Labour Laws

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  4. 10 Important Labour Law Dissertation Topics for Research

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  5. Labour Law- PPT (1)

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  6. (PDF) Challenges to Labour Law

    labour law related research topics

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  1. Labour Law Syllabus (5th Semester)

  2. 3 Semester Labour Law

  3. labour law -II solved mcq/labour law -II solved objective question/llb 4th sem MCQ/by brijesh sir

  4. ILO Research Repository

  5. LABOUR LAW I |INDUSTRIAL DISPUTES ACT,1947|APPROPRIATE GOVERNMENT|TOPIC 21|MALAYALAM CLASS

  6. Labor Law II (PALS Live Law Lecture Series 2020)

COMMENTS

  1. Labor Law Research Paper Topics

    This comprehensive list of labor law research paper topics is designed to guide you through a diverse array of subjects, providing insights into the ever-changing landscape of labor relations and shedding light on the pressing issues faced by the modern workforce. By delving into these topics, you have the chance to contribute to the ...

  2. 10 Important Labour Law Dissertation Topics for Research

    Thus, attempts are made to inquire about labour law dissertation topics that include conventional norms and explorations of new boundaries with the growing inclination of globalization, social media, and technological innovations. These inquiries further redefine roles for both employees and employers. Intensive labour law academic research ...

  3. Guides: Labor and Employment Law Research Guide: Introduction

    Introduction. This guide is intended as a starting point for research in U.S. federal labor and employment law at Georgetown Law Library. It includes both primary and secondary materials, in both print and electronic formats. Labor and employment law covers employment discrimination, labor arbitration, labor relations, workplace health and safety.

  4. 99 Labor Law Dissertation Topics

    The following is a compilation of labor law research topics to help the learner choose a relevant research title: Labor law and the gig economy: examining independent contractor rights and protections. Economic recession and labor law: impacts on employment rights and protections. Labor law compliance in the sharing economy: legal challenges in ...

  5. Home

    The two areas of law are closely related but are often distinct areas of legal practice. This guide will focus on the laws that govern collective bargaining and labor relations in both the private and public sectors and research resources you may find useful. A separate research guide on employment law is in the works.

  6. Current Topics in Industrial and Labor Relations Research and Practice

    Recent research on six current topics in industrial and labor relations is reviewed: (a) the decline in union membership in the United States, (b) concession bargaining, (c) unions and employee participation programs, (d) the effect of unions on productivity and profits, (e) dispute resolution, and (f) international industrial relations.

  7. Labor Law

    Labor Law Recent Legislation Cal. Lab. Code §§ 96, 1470-1473 (West 2020 & Supp. 2023) California Law Creates Council to Set Minimum Work Standards for Fast-Food Industry.

  8. Papers and Digital Materials

    Jan 23, 2024. Rosemary Danesi. Contract Labour and the Right to Freedom of Association in the Oil and Gas Industry in Nigeria. Working paper. Dec 23, 2023. Gabrielle Golding. Shaping Contracts for Work: The Normative Influence of Terms Implied by Law. Working paper. Dec 23, 2023.

  9. Researching International Labour Law

    1. Introduction. International labour law refers to the body of rules and principles concerning the relationship between employers, workers, and governments. This research guide provides a brief overview of introductory resources in international labour law and the major sources of law in this area.

  10. Labour law beyond national borders: major debates in 2017

    The present article will provide an overview - the sixth of its kind since 2013, when the first "edition" was published by Lavoro e diritto and Revue de Droit comparé du Travail et de la Sécurité sociale - on the main topics analysed in the majority of the journals belonging to the International Association of Labour Law Journals (IALLJ) throughout 2017.

  11. Employment law News, Research and Analysis

    May 15, 2022. Australia is bringing migrant workers back - but exploitation is still rampant. Here are 3 changes needed now. Laurie Berg, University of Technology Sydney and Bassina Farbenblum ...

  12. LibGuides: Employment and Labor Law Research: Articles

    Articles — especially law review/journal articles — will give you detailed discussions of very specific issues, and will cite extensively cases, statutes, regulations, and other useful sources. The Zief Law Library's Finding Articles guide links to and describes the full range of options for finding law review/law journal articles. This ...

  13. Labour laws and innovation: Evidence from Indian states

    The role of labour laws in influencing manufacturing outcomes has attracted significant attention in the literature. Numerous studies have forcefully argued that stringent labour regulations impede the growth of employment and hamper productivity (Heckman and Pages 2003; Besley and Burgess 2004; Botero et al. 2004; Dougherty et al. 2013).. A related stream of literature has examined the impact ...

  14. INTRODUCTION

    This guide provides a starting point for research in the areas of labor and employment law. It includes selected sources that cover labor and employment law in general or focus on particular topics within this area of law. To find other sources, consult the bibliographies, research guides, library catalogs, and periodical indexes noted at the ...

  15. Home

    Journal of Labor Research is a platform for original research impacting labor market outcomes. Offers a diverse range of topics on employment practices and policies. Focuses on new types of employment relationships, and emerging economic and institutional arrangements related to labor issues. Provides objective analyses of employee-related ...

  16. Research Guides: Labor and Employment Law: Topics

    Disability laws protect disabled individuals from certain kinds of discrimination, particularly regarding employment, housing, education, and access to public services. Today, disability law is largely regulated by the Americans with Disabilities Act (ADA) of 1990, 42 U.S.C. § 12101. 42 U.S.C.A. § 12112 (b) (5) (A) requires that individuals ...

  17. Labour Law Reforms and Women's Work in India: Assessing the New Labour

    The reforms to labour laws during the pandemic, devastating as they are for workers across the country, are not surprising. Since liberalisation, there has been a slow erosion of labour rights in the name of enabling the 'ease of doing business' through 'labour flexibility'.

  18. NLIU Journal for Labour and Employment Law (NLIU-JLEL)

    The Journal of Labour and Employment Law (JLEL) is a flagship publication aimed at fostering a critical and constructive dialogue on the development and application of laws that govern workplaces. By providing a platform for rigorous scholarly research, practical insights, and diverse perspectives, JLEL seeks to advance the understanding and ...

  19. 80 Labor Law Research Topics

    Labor Law, or Employment Law or Workplace Law, is a branch of legal jurisprudence encompassing the regulations and rules governing the relationship between employers and employees. It primarily focuses on protecting the rights and interests of workers, ensuring fair labour practices, and addressing issues related to employment contracts, wages ...

  20. Employment & Labor Law Research

    International Governmental Organizations. ILO (International Labour Organization) The International Labour Organization (ILO) is a specialized agency of the UN. "The main aims of the ILO are to promote rights at work, encourage decent employment opportunities, enhance social protection and strengthen dialogue on work-related issues."

  21. Research Guides: Employment & Labor Law: Related Topics

    ISBN: 9781137280053. Publication Date: 2016-03-08. The Balance Gap : Working Mothers and the Limits of the Law by Hampson, Sarah Cote. Call Number: Online resource. In recent decades, laws and workplace policies have emerged that seek to address the "balance" between work and family.

  22. Topics

    Forced labour, human trafficking and slavery. Freedom of association. Future of work. Green jobs. Climate change and jobs; HIV/AIDS. Industries and sectors. Labour law. Labour administration and inspection. Labour migration. Least developed countries. Maritime Labour Convention. Millennium Development Goals. Non-standard forms of employment ...

  23. Dissertations & Theses

    SA Theses and Dissertations Databases. This database provides information on current and completed research projects including theses and dissertations in South Africa. It provides information on all fields of science since 1919. Includes citations, some abstracts & a limited number of records with links to full-text.

  24. Certificate In Employee Relations Law: 4½ Day Seminar (Las

    The seminar provides "best practices" insights and information on the full range of employee relations and labor law issues. ... Key Topics Covered. Block 1 - Labor Law in the Union & Non-Union ...