labour law related research topics

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Labor and Employment Law Research Guide

Introduction.

• Primary Law
• Secondary Sources
• Forms and Statistics
• Labor Relations - Private Sector
• Labor Relations - Public Sector
• Labor Arbitration
• Discrimination
• Wage and Hour
• Additional Resources

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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.

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• Bloomberg Law - Labor & Employment Practice Center
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Related Research Guides

• Employee Benefits Research Guide by Sara E. Burriesci Last Updated Aug 21, 2023 385 views this year
• Employment and Labor Law (Library of Congress) Contains a number of blogs to follow to keep up on the latest.

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• Last Updated: Jul 2, 2024 10:52 AM
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Chapter Five

Introduction

Labor and Employment

Legislative Momentum on Work-Life Balance

Chapter One

Labour Law Research Network

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Papers and Digital Materials

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/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.

Practice Materials

• 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.

• 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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• Last Updated: Sep 12, 2023 10:46 AM
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Revue de droit comparé du travail et de la sécurité sociale

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

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 02 juillet 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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• The enforcement of banking regulations against systemic risk.
• Legal aspects of banking insolvencies and their impact on the global economy.
• The evolution of consumer credit laws and their impact on the banking industry.
• The effectiveness of anti-corruption regulations in the banking sector.
• Legal considerations in the management of cross-border banking operations.
• The regulation of shadow banking systems and their legal implications.
• Legal challenges faced by fintech companies in the banking sector.
• The role of law in addressing disparities in access to banking services.
• Legal frameworks for banking privacy and data protection in the age of digital banking.
• The impact of artificial intelligence on regulatory compliance in banking.
• Legal aspects of risk management in banking: Current practices and future directions.
• The legalities of banking for high-risk clients: Balancing business and regulatory requirements.
• The enforcement of Basel III standards in developing countries.
• Legal issues related to bank mergers and acquisitions.
• The regulation of international investment and its impact on banking laws.
• Legal challenges in microfinancing: Protecting both lenders and borrowers.
• The implications of non-performing loans on banking law and policy.
• Banking dispute resolution: The effectiveness of arbitration and mediation.
• The legal framework for Islamic banking and finance: Comparison with Western banking laws.
• The role of the judiciary in shaping banking laws and practices.
• The future of banking regulation: Predicting changes post-global pandemic.
• Legal frameworks governing venture capital and its role in economic development.
• Regulatory challenges in mobile and electronic payment systems.
• The impact of interest rate regulations on banking profitability and lending practices.
• Legal approaches to combat insider trading in the banking sector.
• The role of legal systems in shaping corporate governance in banks.
• Legal provisions for the protection of minority shareholders in banks.
• Regulatory frameworks for derivatives: Balancing risk and innovation.
• The role of international law in governing global banking practices.
• The impact of global trade agreements on domestic commercial laws.
• Legal challenges in e-commerce: Consumer rights and seller responsibilities.
• The enforcement of international commercial contracts: Comparative legal analysis.
• Intellectual property rights in the digital age: Protecting innovations while fostering competition.
• Legal frameworks for cross-border e-commerce transactions.
• The role of commercial law in supporting small and medium enterprises (SMEs).
• Arbitration vs. court litigation: Choosing the right path for commercial disputes.
• The evolution of commercial law with the rise of artificial intelligence and robotics.
• Legal strategies for protecting brand identity and trademarks internationally.
• The impact of anti-monopoly laws on corporate mergers and acquisitions.
• Legal aspects of supply chain management and logistics.
• The enforcement of non-disclosure agreements in international business deals.
• Consumer protection laws in the context of misleading advertising and sales practices.
• The role of commercial law in regulating online payment systems.
• Contract law for the modern entrepreneur: Navigating contracts in a digital world.
• The influence of cultural differences on international commercial negotiations and laws.
• Legal challenges in franchising: Protecting franchisors and franchisees.
• Commercial leasing disputes and the law: Trends and resolutions.
• Corporate social responsibility and commercial law: Legal obligations and implications.
• Legal implications of Brexit for European trade and commercial law.
• Regulation of commercial drones: Privacy, safety, and commercial uses.
• Legal issues surrounding the gig economy and contract employment.
• Protecting consumer data in commercial transactions: Legal obligations and challenges.
• Legal aspects of marketing and advertising in digital media.
• Impact of environmental laws on commercial practices: From compliance to competitive advantage.
• Legal remedies in commercial law: Exploring efficient dispute resolution mechanisms.
• Insolvency and bankruptcy: Legal strategies for rescuing troubled businesses.
• The legal consequences of business espionage: Protecting commercial interests.
• The role of trademarks in building and maintaining brand value.
• Corporate governance in the modern corporation: Legal frameworks and challenges.
• Comparative analysis of commercial guaranties across different legal systems.
• Legal issues in the export and import of goods: Navigating international regulations.
• The regulation of commercial insurance: Balancing stakeholder interests.
• Legal challenges in real estate development and commercial property investments.
• Impact of digital currencies on commercial transactions.
• International taxation and its impact on multinational commercial operations.
• The regulation of unfair competition in a globalized market.
• Legal strategies for managing commercial risks in unstable economies.
• The role of law in innovative financing methods like crowdfunding and peer-to-peer lending.
• Contractual liability and risk management in international commercial projects.
• The impact of digital market platforms on traditional competition law frameworks.
• Analyzing the effectiveness of antitrust laws against tech giants in the digital economy.
• Comparative analysis of competition law enforcement in the US and EU.
• The role of competition law in regulating mergers and acquisitions in the healthcare sector.
• Challenges in applying competition law to free-of-charge services on the internet.
• Legal strategies for combating price fixing in international markets.
• The impact of Brexit on competition law and policy in the UK.
• Competition law and its role in managing market dominance by multinational corporations.
• Evaluating the need for reform in competition law to adapt to global economic changes.
• The enforcement of competition law against patent abuse and anti-competitive practices in the pharmaceutical industry.
• The role of competition authorities in promoting innovation through enforcement policies.
• Analyzing the intersection of competition law and consumer protection.
• The effectiveness of leniency programs in uncovering and deterring cartel activity.
• Impact of competition law on small and medium-sized enterprises: Protection or hindrance?
• The influence of artificial intelligence on competitive practices and regulatory responses.
• The role of economic evidence in competition law litigation.
• Globalization and its effects on national competition law policies.
• The challenges of enforcing competition law in digital advertising markets.
• Network effects and lock-in as challenges for competition law in the IT industry.
• Legal remedies for anti-competitive practices in the energy sector.
• The dynamics of competition law in developing economies: Case studies from Africa, Asia, and Latin America.
• The implications of cross-border competition law enforcement in multinational operations.
• Consumer welfare and the debate over the goals of competition law.
• The regulation of joint ventures under competition law: A critical analysis.
• Vertical restraints and competition law: Balancing market efficiencies and anti-competitive concerns.
• The role of competition law in sports, media, and entertainment industries.
• Competition law and policy in the era of globalization: Protecting domestic industries while encouraging innovation.
• The future of competition law enforcement in a post-pandemic world.
• The effectiveness of competition law in curbing monopolistic practices in the telecom industry.
• Balancing national security interests and competition law.
• The role of whistle-blowers in competition law enforcement.
• Assessing the impact of public sector monopolies on competition law.
• Competition law as a tool for economic development in emerging markets.
• The challenges of proving intent in anti-competitive practices.
• The application of competition law to the agricultural sector and its impact on food security.
• Reform proposals for more effective competition law enforcement.
• The role of state aid and subsidies in competition law.
• Competition law implications of blockchain technology and cryptocurrencies.
• The balance between intellectual property rights and competition law.
• The use of machine learning algorithms in predicting and analyzing market competition.
• The evolving concept of constitutionalism in the digital age.
• Analysis of constitutional changes in response to global pandemics.
• The role of the judiciary in upholding constitutional rights in times of political turmoil.
• Comparative study of free speech protections under different constitutional regimes.
• The impact of migration crises on constitutional law frameworks in the EU.
• Gender equality and constitutional law: Examining legal reforms across the globe.
• The constitutional implications of Brexit for the United Kingdom.
• Federalism and the balance of power: Lessons from the United States Constitution.
• The enforceability of social and economic rights under constitutional law.
• The influence of international human rights treaties on national constitutional laws.
• The right to privacy in the era of mass surveillance: A constitutional perspective.
• The role of constitutions in managing ethnic and religious diversity.
• Constitutional law and the challenge of climate change.
• The legality of emergency powers under constitutional law in various countries.
• The impact of artificial intelligence on constitutional rights and liberties.
• Same-sex marriage and constitutional law: A comparative analysis.
• The constitutionality of the death penalty in the 21st century.
• Age and constitutional law: The rights and protections afforded to the elderly.
• Constitutional reforms and the evolution of democratic governance in Africa.
• The role of the constitution in combating corruption within government institutions.
• Gun control and constitutional rights: A critical analysis.
• The balance between national security and individual freedoms in constitutional law.
• The effectiveness of constitutional courts in protecting minority rights.
• The constitution as a living document: Interpretation and change in judicial review.
• Assessing the constitutional frameworks for federal and unitary states.
• The impact of populism on constitutional democracy.
• Constitutional law in the face of technological advancements: Regulation and rights.
• The role of constitutional amendments in shaping political stability.
• Analyzing the separation of powers in newly formed governments.
• Indigenous rights and constitutional law: Case studies from North America and Australasia.
• Constitutional law and public health: Legal responses to health emergencies.
• The constitutionality of affirmative action policies in education and employment.
• Political party bans and democracy: A constitutional analysis.
• The role of the constitution in economic policy and regulation.
• Constitutional challenges to the regulation of cryptocurrencies and blockchain technologies.
• The implications of judicial activism for constitutional law.
• The constitution and the right to a clean and healthy environment.
• The intersection of constitutional law and international diplomacy.
• Protection of children’s rights within constitutional frameworks.
• The future of constitutional governance in virtual and augmented reality environments.
• The enforceability of electronic contracts in international commerce.
• The impact of AI on contract formation and enforcement.
• Comparative analysis of contract law remedies in different jurisdictions.
• The legal implications of smart contracts in blockchain technologies.
• The role of contract law in regulating freelance and gig economy work.
• The challenges of cross-border contract enforcement in the digital age.
• Contractual risk management in international construction projects.
• The doctrine of frustration in contract law: Contemporary issues and challenges.
• Consumer protection in online contracts: A critical analysis.
• The influence of cultural differences on international commercial contracts.
• Force majeure clauses in contracts during global crises, such as the COVID-19 pandemic.
• The evolution of contract law with technological advancements.
• Legal issues surrounding the termination of contracts: A comparative study.
• The role of contract law in sustainable development and environmental protection.
• Misrepresentation in contract law: A review of current legal standards.
• The legal status of verbal agreements in a digital world.
• Contractual obligations and rights in the sharing economy.
• The interplay between contract law and intellectual property rights.
• The effectiveness of liquidated damages clauses in commercial contracts.
• Unconscionability in contract law: Protecting the vulnerable party.
• The enforcement of non-compete clauses in employment contracts.
• The legality of automatic renewal clauses in consumer and business contracts.
• The impact of contract law on consumer rights in financial agreements.
• Standard form contracts and the imbalance of power between parties.
• The role of mediation in resolving contract disputes.
• Contract law in the sale of goods: The challenges of e-commerce.
• The future of contract law in regulating virtual and augmented reality transactions.
• The concept of ‘good faith’ in contract negotiation and execution.
• Legal implications of contract breaches in international trade.
• The application of contract law in healthcare service agreements.
• The enforceability of penalty clauses in different legal systems.
• Contract modifications: Legal implications of changing terms mid-agreement.
• The legal challenges of subscription-based contract models.
• Contract law and data protection: Obligations and liabilities.
• The impact of insolvency on contractual relationships.
• The regulation of crowdfunding agreements under contract law.
• Consumer contracts and the right to withdraw in the digital marketplace.
• Ethical considerations in contract law: Duties beyond the written document.
• The use of contract law in combating human rights violations.
• The effectiveness of international conventions in harmonizing contract law across borders.
• Corporate governance and its impact on shareholder activism.
• The role of corporate social responsibility in modern business practices.
• Legal strategies to combat corporate fraud and enhance transparency.
• Comparative analysis of corporate bankruptcy laws and their effectiveness.
• The influence of global corporate regulations on multinational mergers and acquisitions.
• The impact of environmental regulations on corporate operations and compliance.
• Legal challenges and opportunities in corporate restructuring processes.
• Corporate liability for human rights violations in international operations.
• The effectiveness of anti-money laundering laws in the corporate sector.
• The role of ethics in corporate law: How legal frameworks shape business morality.
• The impact of technology on corporate governance: Blockchain and beyond.
• Legal aspects of venture capital funding in startups and SMEs.
• Corporate law in the digital age: Challenges and opportunities for digital enterprises.
• The role of minority shareholders in influencing corporate decisions.
• Legal frameworks for corporate whistleblowing and the protection of whistleblowers.
• Corporate insolvency procedures: A comparative study of the US and EU frameworks.
• The evolution of corporate personhood and its legal implications.
• The role of stock exchanges in enforcing corporate law.
• Legal issues surrounding corporate espionage and competitive intelligence gathering.
• Comparative analysis of corporate governance codes across different jurisdictions.
• Legal frameworks for handling conflicts of interest in corporate boards.
• The regulation of corporate political contributions and lobbying activities.
• Corporate taxation laws and their impact on international business strategies.
• The regulation of joint ventures under corporate law: Balancing interests and sharing control.
• The challenges of maintaining corporate compliance in a global market.
• Corporate law and the protection of intellectual property rights.
• The effectiveness of corporate penalties in deterring corporate misconduct.
• Legal aspects of employee stock ownership plans (ESOPs).
• Corporate law implications for artificial intelligence integration in business practices.
• The legal challenges of managing cyber risk in corporate entities.
• Corporate law’s role in managing and disclosing financial risks.
• The impact of corporate law on the governance of nonprofit organizations.
• Legal responsibilities and liabilities of corporate directors and officers.
• The role of international treaties in shaping corporate law practices.
• Corporate law and its influence on strategic business alliances and partnerships.
• Legal aspects of sustainable investment in corporate decision-making.
• The regulation of private equity and hedge funds under corporate law.
• Legal challenges in corporate branding and marketing strategies.
• Corporate law considerations in the management of supply chains.
• The impact of corporate law on mergers and acquisitions in emerging markets.
• The impact of forensic science advancements on criminal law and procedure.
• Analyzing the effectiveness of rehabilitation programs in reducing recidivism rates.
• The role of mental health assessments in criminal sentencing.
• Legal challenges in prosecuting international cybercrimes.
• The evolution of laws against domestic violence and their enforcement.
• The effectiveness of death penalty deterrence: A critical analysis.
• Legal frameworks for combating human trafficking: Global perspectives.
• The influence of social media on criminal behavior and law enforcement.
• Racial disparities in criminal sentencing: Causes and legal remedies.
• The application of criminal law to acts of terrorism: Balancing security and civil liberties.
• Juvenile justice: Reforming the approach to underage offenders.
• The legal implications of wrongful convictions: Prevention and compensation.
• Drug policy reform: The shift from criminalization to harm reduction.
• The impact of body-worn cameras on policing and criminal justice.
• Legal and ethical considerations in the use of DNA evidence in criminal trials.
• The role of the insanity defense in criminal law: A comparative study.
• Legal strategies for addressing gang violence within urban communities.
• The criminalization of poverty and its impact on justice.
• Analyzing the effectiveness of sexual assault legislation.
• The role of public opinion in shaping criminal law reforms.
• Legal approaches to combating corruption and white-collar crime.
• The challenges of protecting victims’ rights in criminal proceedings.
• The impact of immigration laws on criminal justice practices.
• Ethical and legal issues in the use of undercover policing tactics.
• The effects of legalizing marijuana on criminal justice systems.
• The role of international cooperation in combating cross-border criminal activities.
• The use of restorative justice practices in criminal law systems.
• Challenges in the enforcement of wildlife protection laws.
• Legal issues surrounding the use of force by law enforcement.
• The implications of emerging technologies for criminal law and justice.
• Legal definitions of terrorism and their impact on law enforcement.
• The impact of social movements on criminal law reform.
• Addressing elder abuse through criminal statutes and protections.
• The role of forensic psychology in criminal investigations.
• Legal consequences of financial crimes in different jurisdictions.
• Challenges in prosecuting war crimes and genocide.
• The legal aspects of electronic monitoring and surveillance in criminal investigations.
• The implications of international extradition in criminal law.
• Addressing the challenges of witness protection programs.
• The intersection of criminal law and human rights in detention and interrogation.
• Legal frameworks for data protection and privacy in the digital age.
• The implications of the General Data Protection Regulation (GDPR) on global internet governance.
• Cybersecurity laws: National strategies and international cooperation.
• The legality of government surveillance programs under international cyber law.
• Intellectual property challenges in the era of digital media.
• Legal issues surrounding the use of artificial intelligence and machine learning.
• The enforcement of cybercrimes: Challenges and strategies.
• Rights and responsibilities of individuals and corporations under cyber law.
• Cyberbullying and online harassment: Legal remedies and limitations.
• The role of cyber law in managing online misinformation and fake news.
• Legal challenges in the regulation of cryptocurrencies and blockchain technology.
• The impact of cloud computing on privacy and data security legal frameworks.
• Legal aspects of e-commerce: Consumer protection online.
• The digital divide: Legal implications of unequal access to technology.
• Regulation of digital advertising and its implications for privacy.
• Jurisdictional issues in cyberspace: Determining liability in a borderless environment.
• Legal considerations for Internet of Things (IoT) devices in consumer and industrial applications.
• The role of anonymity in the internet: Balancing privacy and accountability.
• Cyber law and its impact on the creative industries: Copyright issues in digital content creation.
• Legal frameworks for combating online trade of illegal goods and services.
• The enforcement of digital rights management (DRM) technologies.
• Cyber law and online education: Intellectual property and privacy concerns.
• The regulation of social media platforms under cyber law.
• Legal remedies for victims of online identity theft.
• The implications of autonomous vehicles on cyber law.
• Legal strategies to address online child exploitation and protection.
• The impact of telemedicine on health law and cyber law.
• Challenges in enforcing online contracts and resolving disputes.
• Cyber law in the context of national security: Balancing civil liberties.
• Legal frameworks for software development and liability issues.
• The influence of international treaties on national cyber law policies.
• Legal aspects of cyber espionage and state-sponsored cyber attacks.
• Ethical hacking: Legal boundaries and implications.
• The regulation of online gaming: Consumer protection and cyber law.
• Cyber law and digital accessibility: Rights of differently-abled persons.
• Legal implications of biometric data processing in cyber law.
• The future of robotic automation and law: Ethical and legal considerations.
• The role of cyber law in the governance of digital health records.
• Managing online content: Legal issues around censorship and freedom of expression.
• Cyber law implications for digital banking and fintech.
• The effectiveness of international agreements in combating climate change.
• Legal strategies for biodiversity conservation in international and domestic contexts.
• The impact of environmental law on sustainable urban development.
• Comparative analysis of water rights and regulations across different jurisdictions.
• Legal mechanisms for controlling plastic pollution in marine environments.
• The role of environmental impact assessments in promoting sustainable projects.
• Legal and regulatory challenges of renewable energy implementation.
• The effectiveness of air quality laws in reducing urban smog.
• Environmental justice and its impact on marginalized communities.
• The role of the judiciary in shaping environmental policy.
• Corporate accountability for environmental degradation: Legal remedies.
• The regulation of genetically modified organisms (GMOs) and their environmental impact.
• Legal frameworks for the protection of endangered species and habitats.
• Climate refugees: Legal challenges and protections under international law.
• The intersection of environmental law and human rights.
• Challenges in enforcing environmental laws against multinational corporations.
• Legal aspects of carbon trading and emissions reduction schemes.
• The impact of agricultural practices on environmental law and policy.
• Mining and environmental degradation: Legal responses and remedies.
• The use of environmental law to combat deforestation.
• Legal issues related to energy storage and its environmental impacts.
• Regulatory challenges of nanotechnology and environmental health.
• Legal strategies for water management in drought-prone areas.
• The regulation of noise pollution in urban environments.
• The role of public participation in environmental decision-making.
• Legal frameworks for dealing with hazardous waste and its disposal.
• Environmental law as a tool for green building and construction practices.
• Legal challenges in protecting wetlands through environmental laws.
• The enforceability of international environmental law.
• The impact of environmental laws on traditional land use and indigenous rights.
• The role of local governments in environmental governance.
• Environmental law and the regulation of pesticides and chemicals.
• Legal responses to environmental disasters and recovery processes.
• The implications of deep-sea mining for environmental law.
• The role of environmental NGOs in shaping law and policy.
• Legal tools for the conservation of marine biodiversity.
• Challenges of integrating environmental concerns in corporate governance.
• Legal implications of artificial intelligence in environmental monitoring.
• The role of litigation in enforcing environmental norms and standards.
• Trends and challenges in the enforcement of transboundary environmental laws.
• The impact of EU law on national sovereignty of member states.
• Brexit and its legal implications for both the UK and EU.
• The effectiveness of the EU’s data protection regulation (GDPR) in a global context.
• The role of the European Court of Justice in shaping EU policies.
• Legal analysis of the EU’s Common Agricultural Policy (CAP) and its impacts.
• The EU’s approach to antitrust and competition law enforcement.
• Human rights protection under the EU Charter of Fundamental Rights.
• Legal challenges in the implementation of the EU’s Digital Single Market.
• The EU’s role in international trade: Legal frameworks and challenges.
• The influence of EU environmental law on member state legislation.
• Consumer protection laws in the EU and their effectiveness.
• Legal mechanisms of the EU banking union and capital markets union.
• The regulation of pharmaceuticals and healthcare within the EU.
• Migration and asylum laws in the EU: Challenges and responses.
• The role of lobbying in EU lawmaking processes.
• Legal aspects of the EU’s energy policy and its impact on sustainability.
• The enforcement of intellectual property rights within the EU.
• The EU’s legal framework for dealing with cyber security threats.
• Analysis of EU labor laws and their impact on worker mobility.
• Legal bases for EU sanctions and their impact on international relations.
• The EU’s legal strategies against terrorism and organized crime.
• The effectiveness of the EU’s regional development policies.
• Legal and ethical issues in AI regulation within the EU.
• The EU’s approach to regulating blockchain technology.
• The challenges of EU enlargement: Case studies of recent accession countries.
• The role of the EU in global environmental governance.
• The impact of EU laws on the rights of indigenous populations.
• Legal analysis of EU sports law and policy.
• The EU’s framework for consumer digital privacy and security.
• The regulation of biotechnology in agriculture within the EU.
• EU tax law and its implications for global corporations.
• The role of the European Ombudsman in ensuring administrative justice.
• The influence of EU copyright law on digital media and entertainment.
• Legal frameworks for public procurement in the EU.
• The impact of EU maritime law on international shipping and trade.
• EU chemical regulations: REACH and its global implications.
• Legal issues surrounding the EU’s external border control policies.
• The EU’s role in shaping international aviation law.
• The impact of EU law on public health policy and regulation.
• The future of the EU’s constitutional framework and its legal challenges.
• The impact of cultural diversity on family law practices.
• Legal challenges in the enforcement of international child custody agreements.
• The effectiveness of mediation in resolving family disputes.
• The evolution of child support laws in response to changing societal norms.
• Comparative analysis of divorce laws across different jurisdictions.
• Legal implications of surrogacy: Rights of the child, surrogate, and intended parents.
• The impact of social media on family relationships and legal proceedings.
• Legal rights of cohabiting couples: A comparative study.
• The role of family law in addressing domestic violence.
• The legal recognition of LGBTQ+ families in different countries.
• The effect of parental alienation on child custody decisions.
• Adoption laws and the challenges of cross-border adoption.
• Legal issues surrounding elder care and guardianship.
• The role of genetic testing in family law (paternity disputes, inheritance rights).
• The impact of immigration laws on family unification policies.
• The rights of children with disabilities in family law proceedings.
• The influence of religious beliefs on family law decisions.
• The legal challenges of blended families: Rights and responsibilities.
• The role of children’s rights in family law: Voice and protection.
• Legal frameworks for dealing with family assets and financial disputes.
• The impact of addiction (substance abuse, gambling) on family dynamics and legal outcomes.
• The enforcement of prenuptial agreements: A critical analysis.
• Legal responses to teenage pregnancy and parental responsibilities.
• The effect of military service on family law issues (divorce, custody).
• The challenges of maintaining privacy in family law cases.
• The impact of mental health on parental rights and child custody.
• The role of the state in family planning and reproductive rights.
• Comparative study of same-sex marriage laws before and after legalization.
• The evolution of father’s rights in family law.
• The legal complexities of artificial reproductive technologies.
• Family law and its role in preventing child marriages.
• The impact of economic downturns on family law issues (alimony, child support).
• Legal strategies for protecting domestic violence survivors through family law.
• The role of international conventions in shaping family law.
• Gender biases in family law: A critical analysis.
• The regulation of family law advertising and its ethical implications.
• The influence of international human rights law on family law.
• The challenges of transnational families in navigating family law.
• Legal and ethical issues in the involuntary sterilization of disabled individuals.
• The future of family law: Predicting changes in legislation and practice.
• The legal implications of telemedicine and remote healthcare services.
• Regulation and liability of artificial intelligence in healthcare.
• The impact of healthcare laws on patient privacy and data protection.
• Legal issues surrounding the right to die: Euthanasia and assisted suicide.
• The enforcement of mental health legislation and patient rights.
• Legal challenges in the regulation of pharmaceuticals and medical devices.
• The role of health law in managing infectious disease outbreaks, such as COVID-19.
• Ethical and legal considerations of genetic testing and genome editing.
• Comparative analysis of health insurance models and their legal implications.
• The impact of health law on underserved and marginalized populations.
• Legal aspects of medical malpractice and healthcare provider liability.
• The regulation of stem cell research and therapy.
• Legal frameworks for addressing obesity as a public health issue.
• The role of law in combating healthcare fraud and abuse.
• Ethical issues in the allocation of scarce medical resources.
• Legal challenges in child and adolescent health care consent.
• The influence of global health initiatives on national health law policies.
• Legal issues related to the development and use of biobanks.
• Health law and its impact on emergency medical response and preparedness.
• Legal and ethical challenges in the treatment of psychiatric patients.
• The rights of patients in clinical trials: Informed consent and beyond.
• The regulation of medical marijuana and its impact on healthcare systems.
• Health law’s role in addressing non-communicable diseases.
• Legal strategies to combat antimicrobial resistance.
• The legal implications of sports medicine and athlete care.
• The protection of vulnerable groups in healthcare settings.
• Legal frameworks governing organ donation and transplantation.
• The role of health law in reproductive rights and technologies.
• The impact of bioethics on health law policy and practice.
• Legal considerations of global health diplomacy and international health law.
• The regulation of alternative and complementary medicine.
• Legal challenges in providing healthcare in rural and remote areas.
• The impact of nutrition and food law on public health.
• Legal responses to aging populations and elder care.
• Health law and its impact on vaccination policies and enforcement.
• The legal implications of patient literacy and health education.
• Regulatory challenges in health information technology and mobile health apps.
• Legal and ethical issues in cosmetic and elective surgery.
• The role of whistleblowers in improving healthcare quality and safety.
• The legal implications of healthcare marketing and consumer protection.
• The impact of international human rights conventions on domestic laws.
• The role of the International Criminal Court in enforcing human rights standards.
• Legal remedies for victims of war crimes and genocide.
• The enforcement of human rights in areas of conflict and post-conflict societies.
• The legal implications of refugee and asylum seeker policies.
• The right to freedom of expression in the digital age.
• Human rights challenges in the context of global migration.
• Legal protections against discrimination based on gender, race, and sexuality.
• The impact of cultural practices on the enforcement of human rights.
• Legal frameworks for protecting children in armed conflicts.
• The role of non-governmental organizations in promoting and protecting human rights.
• Human rights and environmental law: the right to a healthy environment.
• The legal aspects of economic, social, and cultural rights.
• Protecting the rights of indigenous peoples: international and domestic approaches.
• Human rights implications of counter-terrorism laws and practices.
• The role of national human rights institutions in promoting human rights.
• Legal challenges in combating human trafficking and modern slavery.
• The rights of disabled individuals under international human rights law.
• Legal strategies to combat racial and ethnic profiling.
• The protection of human rights defenders in hostile environments.
• The impact of globalization on labor rights and working conditions.
• The role of the media in promoting human rights awareness and protection.
• Human rights law and its intersection with gender-based violence.
• The right to education and legal measures to enforce it.
• Legal responses to the crisis of statelessness.
• Human rights issues surrounding the management of natural disasters.
• The role of human rights law in regulating private military and security companies.
• The right to privacy in the surveillance era.
• Legal measures to address economic inequality and ensure human rights.
• The challenge of protecting human rights in authoritarian regimes.
• Human rights in medical law: issues of consent and autonomy.
• The right to food and water as fundamental human rights.
• Legal frameworks for the rights of the elderly in different countries.
• The role of human rights law in addressing issues of domestic violence.
• Human rights considerations in the development and enforcement of immigration laws.
• The impact of intellectual property laws on access to medicines.
• The enforcement of the rights of LGBT individuals globally.
• Human rights law and its application to internet governance.
• The legal rights of prisoners and the conditions of detention.
• The role of human rights in shaping international trade and investment policies.
• The impact of immigration laws on national security in various countries.
• Comparative analysis of asylum procedures across different jurisdictions.
• The role of immigration law in shaping multicultural societies.
• Legal challenges faced by refugees and asylum seekers during resettlement.
• The effectiveness of skilled migrant programs and their impact on the economy.
• Legal and ethical considerations in the detention of immigrants.
• The influence of international human rights law on national immigration policies.
• The impact of Brexit on immigration laws in the UK and the EU.
• The role of international agreements in managing migration crises.
• Legal strategies to combat human trafficking within the immigration system.
• The rights of undocumented immigrants and access to legal aid.
• The enforcement of immigration laws and the rights of migrant workers.
• The legal implications of family reunification policies.
• Analysis of deportation procedures and their compliance with international law.
• The effect of climate change on migration patterns and immigration law.
• Legal measures to protect immigrants against labor exploitation.
• The role of local governments in immigration enforcement.
• The legal aspects of border management technologies.
• Immigration law and its impact on education for immigrant children.
• The challenges of integrating immigrants into host societies legally.
• Comparative study of investor immigration programs.
• The effects of cultural bias in immigration law enforcement.
• Legal remedies for immigrants subjected to discrimination.
• The intersection of immigration law and public health policies.
• The legal consequences of overstaying visas on future immigration applications.
• The role of consulates and embassies in the immigration process.
• Legal frameworks for addressing statelessness in the context of immigration.
• Immigration law’s response to temporary protection statuses.
• The impact of international sports events on immigration laws and policies.
• The role of non-governmental organizations in shaping immigration law.
• The use of biometric data in immigration control.
• Legal perspectives on the economic impact of immigration.
• Challenges in protecting the rights of elderly immigrants.
• The influence of immigration on national identity and cultural policies.
• Legal implications of global demographic shifts on immigration policies.
• The regulation of international student visas and their impact on higher education.
• Legal challenges faced by immigrants in accessing healthcare services.
• The dynamics of urban immigration and legal integration strategies.
• Legal issues concerning expatriation and renunciation of citizenship.
• The future of immigration law in the face of global political changes.
• The impact of artificial intelligence on copyright and patent law.
• Comparative analysis of trademark laws in the digital age across different jurisdictions.
• The role of intellectual property rights in fostering or hindering innovation.
• Legal challenges in the protection of software under intellectual property law.
• The enforcement of intellectual property rights in online platforms.
• The balance between intellectual property rights and the public domain.
• The implications of 3D printing technologies on intellectual property rights.
• Intellectual property issues in the music industry: Streaming and digital rights.
• The effectiveness of international intellectual property treaties like WIPO and TRIPS.
• Intellectual property strategies for biotechnological inventions.
• The role of patents in the pharmaceutical industry and access to medicine.
• The impact of intellectual property rights on traditional knowledge and cultural expressions.
• Copyright law and its adaptability to new forms of media like virtual reality.
• The intersection of intellectual property law and competition law.
• Legal frameworks for managing intellectual property in joint ventures and collaborations.
• The role of intellectual property in the fashion industry and combating counterfeits.
• Trademark dilution: A comparative study between the U.S. and EU approaches.
• Legal challenges associated with celebrity rights and their management under IP law.
• Intellectual property rights and their impact on small and medium-sized enterprises.
• The protection of design rights in industrial models and drawings.
• Intellectual property and corporate governance: Policy, compliance, and enforcement.
• The challenges of enforcing intellectual property rights in the global south.
• The evolution of copyright law in protecting digital ebooks and publications.
• Intellectual property law in the advertising industry: Challenges and perspectives.
• Ethical considerations in intellectual property law.
• The role of intellectual property in the development of artificial organs and bioprinting.
• Challenges in patenting genetic material and the moral implications thereof.
• Intellectual property considerations in cross-border mergers and acquisitions.
• Intellectual property rights in the context of augmented reality technologies.
• The role of intellectual property in the semiconductor industry.
• The impact of open-source licensing on intellectual property law.
• Legal issues surrounding the protection of data and databases under intellectual property law.
• The role of intellectual property in sports marketing and merchandise.
• Intellectual property issues in cloud computing and data storage.
• Copyright disputes in the film industry: Case studies and legal insights.
• The protection of plant varieties and agricultural innovation under IP law.
• Intellectual property and its role in promoting or restricting access to educational materials.
• Trade secrets law: Comparative approaches and key challenges.
• The impact of geographical indications on local economies and protection strategies.
• Intellectual property law and its enforcement in the age of the internet of things.
• The effectiveness of the United Nations in resolving international disputes.
• The role of international law in governing the use of force by states.
• Legal frameworks for international cooperation in combating climate change.
• The implications of sovereignty and state responsibility in international law.
• The enforcement of international human rights law in conflict zones.
• Legal strategies for addressing international cybercrime and digital warfare.
• The regulation of international trade under the World Trade Organization (WTO).
• Legal challenges in the management of global migration and refugee crises.
• The impact of international sanctions on global diplomacy and law.
• The legal status and rights of stateless individuals under international law.
• The application of international law in the Antarctic and other common areas.
• The protection of cultural heritage in times of war under international law.
• The role of international courts and tribunals in enforcing maritime law.
• Comparative analysis of regional human rights mechanisms (e.g., European, African, American).
• The jurisdiction and reach of the International Criminal Court (ICC).
• The legal implications of territorial disputes on international relations.
• The influence of international law on national legislation regarding environmental protection.
• The legal treatment of indigenous peoples’ rights at the international level.
• The development of international norms for corporate social responsibility.
• Legal and ethical considerations in international medical research and healthcare.
• The regulation of international finance and its impact on economic development.
• The challenges of enforcing intellectual property rights at the international level.
• The legal frameworks governing the use and regulation of drones in international airspace.
• The impact of bilateral and multilateral treaties on domestic legal systems.
• International legal standards for the treatment of prisoners and detainees.
• The role of diplomatic immunity in contemporary international law.
• Legal issues surrounding international sports events and the governance of international sports bodies.
• The use of international law in combating terrorism and protecting national security.
• Legal measures against international trafficking of drugs, arms, and human beings.
• The role of non-state actors in international law (NGOs, multinational corporations, etc.).
• Legal considerations in the preservation of biodiversity under international conventions.
• The international legal ramifications of artificial islands and reclaimed territories.
• The dynamics of negotiation and implementation of international peace treaties.
• The intersection of international law and global public health policies.
• The legal challenges in regulating outer space activities and celestial bodies.
• The enforcement of international labor standards and their impact on global trade.
• Legal implications of global electronic surveillance by states.
• The regulation of international nuclear energy and nuclear weapons.
• The role of international law in addressing issues of global poverty and inequality.
• The future of international law in a multipolar world order.
• The impact of globalization on labor rights and standards.
• Legal challenges and protections for gig economy workers.
• Comparative analysis of minimum wage laws across different jurisdictions.
• The role of trade unions in modern labor markets.
• Legal frameworks governing telecommuting and remote work arrangements.
• Enforcement of anti-discrimination laws in the workplace.
• The impact of artificial intelligence and automation on labor laws.
• Legal protections for migrant workers in host countries.
• The effectiveness of occupational safety and health regulations.
• The role of labor law in managing economic crises and labor market shocks.
• Gender equality in the workplace: Assessing legal approaches.
• The regulation of child labor in developing economies.
• Legal implications of employee surveillance practices.
• Rights and legal protections for part-time, temporary, and seasonal workers.
• Collective bargaining challenges in the public sector.
• The legal status of unpaid internships and volunteer work.
• Legal responses to workplace bullying and psychological harassment.
• The enforceability of non-compete clauses in employment contracts.
• Legal issues related to employee benefits and pensions.
• The impact of labor laws on small businesses and startups.
• Labor rights in the informal economy.
• Legal strategies for conflict resolution in labor disputes.
• The influence of international labor standards on national laws.
• The role of labor law in promoting sustainable employment practices.
• The effectiveness of mediation and arbitration in labor disputes.
• Legal protections against wrongful termination.
• The challenges of enforcing fair labor practices across multinational corporations.
• The rights of disabled workers under labor law.
• Labor law and its adaptation to the changing nature of work.
• The regulation of labor in industries with high risk of exploitation (e.g., textiles, mining).
• The impact of labor law on industrial relations in the healthcare sector.
• Legal aspects of wage theft and its enforcement.
• Labor laws related to shift work and overtime regulations.
• The legal consequences of labor strikes and lockouts.
• Employee privacy rights versus employer’s right to monitor.
• The role of labor law in economic development and poverty reduction.
• Legal frameworks for employee representation in corporate governance.
• The challenges of labor law compliance in the retail sector.
• Labor law issues in the entertainment and sports industries.
• Future trends in labor law: Anticipating changes in legislation and workplace norms.
• The ethical implications of attorney-client confidentiality.
• Ethical challenges in pro bono legal work.
• The role of personal morality in legal judgments.
• Ethical dilemmas faced by defense attorneys in criminal cases.
• The influence of ethics on legal decision-making processes.
• Conflicts of interest in legal practice: Identification and management.
• Ethical considerations in legal advertising and client solicitation.
• The impact of technology on ethical practices in law.
• Ethical issues in the representation of minors and incapacitated clients.
• The enforcement of ethical standards in the judiciary.
• Ethical challenges in corporate legal departments.
• The ethics of legal outsourcing and the use of non-lawyers.
• Ethical considerations in mediation and alternative dispute resolution.
• The implications of ethical misconduct on legal careers.
• The duty of lawyers to the court vs. client loyalty.
• Ethical issues in cross-border legal practices.
• The responsibility of lawyers in preventing money laundering.
• The ethical dimensions of legal education and training.
• The balance between justice and efficiency in legal ethics.
• Ethical considerations in the use of artificial intelligence in law.
• The ethics of plea bargaining and its impact on justice.
• Ethical issues in the management of legal trusts and estates.
• The role of ethics in environmental law.
• Professional responsibility in managing legal errors and omissions.
• Ethical dilemmas in bankruptcy law.
• The impact of personal ethics on public interest law.
• Ethical considerations in the competitive practices of law firms.
• Ethics in legal research: Ensuring accuracy and integrity.
• The moral obligations of lawyers in promoting human rights.
• The ethics of lawyer activism in political and social movements.
• Challenges of maintaining ethical standards in high-pressure legal environments.
• Ethical issues in the intersection of law and politics.
• The professional ethics of tax lawyers.
• Ethical challenges in the prosecution of complex financial crimes.
• The ethical dimensions of elder law and representation of the elderly.
• The role of moral philosophy in legal ethics curricula.
• Ethical considerations in capital punishment cases.
• Lawyers’ ethical responsibilities in handling classified information.
• The impact of ethical lapses in corporate scandals.
• Future directions in legal ethics: Preparing lawyers for emerging moral challenges.
• The legal frameworks governing international maritime boundaries.
• Liability issues in the event of oil spills and maritime environmental disasters.
• The regulation of piracy under international maritime law.
• Legal challenges in the Arctic maritime routes and territorial claims.
• The effectiveness of maritime safety regulations in preventing accidents at sea.
• Legal aspects of maritime insurance: Coverage, claims, and disputes.
• The role of the International Maritime Organization (IMO) in global shipping regulations.
• Arbitration and dispute resolution in international maritime contracts.
• Legal implications of autonomous ships on international maritime law.
• The enforcement of maritime security measures against terrorism.
• Ship registration and flag state responsibilities under international law.
• The impact of climate change on maritime boundaries and fishing rights.
• Legal strategies for combating illegal, unreported, and unregulated (IUU) fishing.
• Maritime lien and ship arrest procedures across different jurisdictions.
• The regulation of crew rights and labor conditions aboard international vessels.
• Comparative analysis of salvage law and the law of finds.
• Legal issues surrounding the abandonment of ships.
• Port state control and its impact on international shipping.
• The rights and legal protection of seafarers under international maritime law.
• The application of maritime law to underwater cultural heritage.
• The challenges of enforcing maritime law in high seas governance.
• Legal frameworks for the management of maritime natural resources.
• Collision regulations and legal liability at sea.
• The impact of technology on maritime law: Satellite and GPS issues.
• The legalities involved in the financing and construction of vessels.
• Legal issues related to maritime transport of hazardous and noxious substances.
• The role of maritime law in the global supply chain and logistics.
• Legal implications of maritime blockades during armed conflict.
• The interface between maritime law and marine biodiversity conservation.
• The legality of maritime security operations by private companies.
• Insurance law as applicable to maritime piracy and armed robbery.
• The regulation of the international cruise industry under maritime law.
• Challenges in maritime jurisdiction: Enforcement and compliance issues.
• Legal aspects of maritime cybersecurity threats and data protection.
• The impact of maritime law on the offshore oil and gas industry.
• Legal issues in maritime search and rescue operations.
• The role of national courts in maritime law enforcement.
• Trends in maritime law: Emerging issues and future directions.
• Maritime law and its adaptation to the shipping of liquefied natural gas (LNG).
• The influence of maritime law on international maritime education and training.
• Legal challenges posed by digital media platforms to traditional copyright laws.
• The impact of social media on privacy rights and legal implications.
• Regulation of fake news and misinformation: Legal frameworks and effectiveness.
• Legal aspects of media censorship in authoritarian regimes.
• The role of media law in protecting journalistic sources and whistleblowers.
• Copyright infringement in the digital age: Streaming services and legal responses.
• Legal standards for advertising and marketing in digital and traditional media.
• The influence of media law on freedom of expression and public discourse.
• The right to be forgotten in the age of the internet: Legal and ethical considerations.
• Defamation law in the digital era: Challenges and new developments.
• Legal responses to cyberbullying and online harassment through media platforms.
• Intellectual property rights in the creation and distribution of digital content.
• Legal issues surrounding user-generated content on online platforms.
• The role of the Federal Communications Commission (FCC) in regulating broadcast media.
• Legal frameworks for handling sensitive content: Violence, sexuality, and hate speech.
• The regulation of political advertising and its impact on elections.
• The legal implications of artificial intelligence in content creation.
• Data protection laws and their enforcement on media platforms.
• The balance between national security and press freedom.
• Legal strategies for combating deepfake technology and its implications.
• Media ownership laws and their impact on media diversity and pluralism.
• The enforcement of media ethics and law in the age of global digital platforms.
• Legal challenges in cross-border media operations and jurisdictional issues.
• The role of legal frameworks in managing public relations crises.
• The impact of telecommunications law on media dissemination and access.
• Legal considerations for media mergers and acquisitions.
• Regulation of satellite and cable TV in the digital landscape.
• Legal issues related to podcasting and other emerging media formats.
• The protection of minors in media consumption: Legal frameworks and challenges.
• The legal ramifications of media during public health emergencies.
• Accessibility laws related to media content for persons with disabilities.
• The role of the law in combating racial and gender stereotypes in media.
• Media law and consumer protection: Misleading advertisements and consumer rights.
• The impact of GDPR and other privacy regulations on media operations in Europe.
• The legal implications of virtual and augmented reality technologies in media.
• Legal disputes involving music licensing and rights management.
• The challenges of regulating live streaming services under existing media laws.
• Legal issues surrounding the archiving of digital media content.
• The intersection of media law and sports broadcasting rights.
• Future trends in media law: Preparing for new challenges in media and communication technologies.
• Comparative analysis of property rights and land tenure systems across different cultures.
• The impact of eminent domain on property rights and fair compensation.
• Legal challenges in the administration of estates and trusts.
• Intellectual property rights in the digital age: Balancing creators’ rights and public access.
• The role of property law in environmental conservation.
• Legal frameworks governing the leasing and renting of property.
• The evolution of property rights in response to urbanization.
• Property disputes and their resolution: Case studies from land courts.
• The effect of zoning laws on property development and urban planning.
• Legal aspects of real estate transactions and the role of property lawyers.
• Property law and its impact on economic development in emerging markets.
• Legal challenges of property ownership in communal and indigenous lands.
• The influence of property law on agricultural practices and rural development.
• Legal responses to squatting and adverse possession.
• Property rights in marital and family law contexts.
• The implications of blockchain technology on property transactions and record keeping.
• Legal and ethical considerations in the foreclosure process.
• Water rights and property law: Managing conflicts and ensuring sustainability.
• The impact of natural disasters on property law and homeowner rights.
• Property rights and the challenges of gentrification in urban areas.
• Legal considerations in the conversion of property for commercial use.
• The implications of property law for renewable energy projects (e.g., wind farms, solar panels).
• Historical perspectives on property law and their modern-day relevance.
• The regulation of property within gated communities and homeowners associations.
• Legal issues related to the inheritance of digital assets.
• The role of property law in resolving boundary disputes.
• Property law and the regulation of timeshares and vacation ownership.
• The intersection of property law and bankruptcy proceedings.
• Legal frameworks for managing property during divorce or separation.
• Property rights and the management of shared or common resources.
• Legal challenges in property transactions involving foreign investors.
• Property law in the context of historic preservation and cultural heritage.
• Regulatory issues surrounding the development of commercial properties.
• The role of property law in the sharing economy (e.g., Airbnb, Uber).
• Legal issues in property development and construction.
• The impact of tax law on property ownership and transfer.
• Property law and its implications for homelessness and affordable housing.
• Legal approaches to combating land degradation and promoting sustainable use.
• The role of artificial intelligence and technology in property law enforcement.
• Future trends in property law: Predicting changes and legal needs.
• The role of international law in managing global pandemics and health emergencies.
• Legal frameworks governing the use of force and intervention by states.
• The effectiveness of international sanctions as a tool of diplomacy.
• The implications of sovereignty in the digital age for international law.
• The enforcement mechanisms of international human rights law.
• The legal challenges of climate change negotiations and treaty implementation.
• The jurisdiction and effectiveness of the International Criminal Court (ICC).
• The role of international law in governing outer space activities.
• Legal issues related to the protection of refugees and stateless persons.
• The development and enforcement of international environmental law.
• The impact of international law on maritime disputes and ocean governance.
• The legal basis and implications of unilateral declarations of independence.
• Legal strategies to combat international terrorism within the framework of public international law.
• The role of soft law in international relations and its legal significance.
• International legal aspects of economic sanctions and their impact on trade.
• The resolution of territorial disputes through international courts and tribunals.
• The regulation of armed conflict and the laws of war.
• International law and the regulation of cyberspace and cybersecurity.
• The legal challenges and implications of artificial intelligence on international norms.
• The enforcement of international anti-corruption measures.
• The role of international organizations in global governance.
• Legal issues surrounding the management of international waters.
• The impact of cultural heritage protection under international law.
• International legal standards for labor and their enforcement.
• The relationship between international law and indigenous rights.
• The influence of global financial regulations on international law.
• The compatibility of regional trade agreements with the World Trade Organization (WTO) law.
• Legal protections for investors under international investment agreements.
• International law and its role in addressing global inequality.
• The legal challenges of managing international migration.
• The application of international law in diplomatic relations.
• International legal considerations in the disposal of hazardous wastes.
• The role of public international law in combating human trafficking.
• Legal frameworks for international cooperation in disaster relief and emergency response.
• International law and the challenges of sustainable development.
• The regulation of non-governmental organizations (NGOs) under international law.
• Legal issues surrounding global telecommunications regulations.
• International law and the use of drones in warfare and surveillance.
• The implications of emerging technologies on arms control agreements.
• The future of public international law in a multipolar world.
• Legal implications of doping in sports: An international perspective.
• The enforceability of sports contracts: Analysis of player agreements.
• Intellectual property rights in sports: Branding, trademarks, and image rights.
• Legal aspects of sports broadcasting rights in the digital age.
• The role of arbitration in resolving sports disputes.
• Gender equality in sports: Legal challenges and advancements.
• Legal issues surrounding the organization of international sporting events.
• Sports governance: The impact of legal structures on global sports bodies.
• The application of labor laws to professional athletes and sports leagues.
• The protection of minors in professional sports.
• Anti-discrimination laws and their enforcement in sports.
• Legal considerations in the commercialization of sports.
• Sports injury and liability: The role of law in protecting athletes.
• Ethical and legal considerations in sports betting and gambling.
• The implications of technological advancements on sports law (e.g., VAR, goal-line technology).
• Contract negotiation and dispute resolution in sports.
• The impact of COVID-19 on sports contracts and legal liabilities.
• Legal issues in e-sports: Regulation and recognition.
• Ownership rights and financial regulations in sports clubs.
• Privacy laws and their application to athletes’ personal data.
• The legal framework for anti-doping regulations across different sports.
• The role of sports agents: Legal responsibilities and ethical considerations.
• Disability sports and legal challenges in inclusivity.
• Sports tourism and the law: Legal issues in hosting international events.
• Legal challenges in sports marketing and sponsorship agreements.
• The regulation of sports medicine and legal liabilities.
• The role of national courts in sports law.
• Safeguarding child athletes: Legal obligations and policies.
• The legality of sanctions in sports: Case studies from football and athletics.
• The intersection of sports law and human rights.
• Sports law in collegiate athletics: Compliance and regulation.
• The regulation of violent conduct in sports.
• Legal issues surrounding the use of performance-enhancing technology.
• Sports, media rights, and freedom of expression.
• Legal challenges in managing sports facilities and event safety.
• The impact of sports law on international relations.
• Sports law and the challenge of match-fixing.
• The role of international sports law in the Olympic Movement.
• The governance of water sports and maritime law intersections.
• Future trends in sports law: Emerging issues and legal needs.
• Comparative analysis of international tax treaties and their impact on global trade.
• The legality of digital taxation and its implications for multinational corporations.
• Legal challenges in implementing a global minimum tax for corporations.
• The role of tax law in economic development and foreign direct investment.
• Tax evasion and avoidance: Legal frameworks and enforcement mechanisms.
• The impact of tax incentives on renewable energy investments.
• Estate and inheritance tax laws: A comparative study.
• The effectiveness of VAT systems in developing economies.
• Legal issues surrounding tax havens and offshore financial centers.
• The application of tax laws to cryptocurrencies and blockchain technology.
• The role of taxation in public health policy (e.g., taxes on sugary drinks, tobacco).
• Taxation of the gig economy: Challenges and policy options.
• Legal frameworks governing charitable giving and tax deductions.
• The implications of property tax laws on urban development.
• Transfer pricing regulations and their impact on international business operations.
• The enforcement of sales taxes in the e-commerce sector.
• Tax compliance burdens for small and medium-sized enterprises.
• The legal aspects of tax reforms and policy changes.
• Taxation and privacy: Legal issues in the collection and sharing of taxpayer information.
• Comparative analysis of capital gains tax regulations.
• The role of artificial intelligence in tax administration and compliance.
• The legal challenges of implementing environmental taxes.
• Tax disputes and litigation: Strategies and outcomes.
• The regulation and taxation of financial derivatives.
• Tax law and its impact on charitable organizations and non-profits.
• The interplay between tax law and bankruptcy law.
• Legal strategies used by states to combat tax avoidance and profit shifting.
• The influence of tax policy on housing markets.
• Legal implications of tax credits for family and dependents.
• Taxation of expatriates and non-resident citizens.
• The constitutionality of tax laws and challenges in the courts.
• Tax law as a tool for social equity and redistribution.
• The impact of tax laws on consumer behavior.
• Taxation in the digital media and entertainment industries.
• The role of tax law in regulating pensions and retirement savings.
• Tax policy and its effect on agricultural practices and land use.
• The challenges of harmonizing state and federal tax laws.
• Tax law and the regulation of the sports industry.
• The taxation of international shipping and maritime activities.
• Future trends in tax law: Anticipating changes in global tax policies.

We hope this extensive collection of law thesis topics sparks your intellectual curiosity and aids in pinpointing a subject that resonates with your academic interests and career aspirations. Each topic presented here has been chosen to challenge your understanding and to encourage a deeper exploration of the legal landscape. As you prepare to embark on your thesis journey, consider these topics not just as mere titles, but as gateways to developing a nuanced understanding of the law in various contexts. Utilize this resource to craft a thesis that not only fulfills your academic requirements but also contributes meaningfully to the discourse in your chosen area of law.

The Range of Law Thesis Topics

Exploring the vast expanse of law thesis topics provides a unique opportunity for law students to delve into specific legal issues, refine their understanding, and contribute to the ongoing development of legal scholarship. As students embark on this crucial phase of their academic journey, selecting the right thesis topic is essential. This article aims to illuminate the range of potential law thesis topics, highlighting current issues, recent trends, and future directions. By examining these topics, students can better understand the legal landscape’s complexities and identify areas where they can make a significant academic impact.

Current Issues in Law

As we navigate through the complexities of contemporary society, numerous current issues in law emerge that are critical for law students to explore in their theses. These topics not only reflect ongoing legal challenges but also set the stage for developing effective solutions that uphold justice and societal norms. Delving into these law thesis topics allows students to engage with live issues that impact various facets of the legal system, from privacy laws and civil rights to corporate governance and environmental regulations.

• Privacy and Data Protection: In today’s digital age, the issue of privacy and data protection has come to the forefront. With the proliferation of digital data, the legal frameworks designed to protect personal information are constantly tested. Law students could explore the adequacy of existing laws like the General Data Protection Regulation (GDPR) in the European Union and the California Consumer Privacy Act (CCPA) in the United States, considering the rapid advancements in technology and the increasing global nature of data processing.
• Civil Rights in the Modern Era: As societies evolve, so too do their understandings and implementations of civil rights. Current legal discussions often focus on issues such as police brutality, LGBTQ+ rights, and the protections afforded to individuals under new healthcare regulations. Thesis topics may examine how legal responses are adapting in light of these challenges, particularly in terms of legislative and judicial actions intended to protect marginalized groups.
• Corporate Compliance and Governance: With the global economy becoming more interconnected, the importance of corporate compliance and governance has been magnified. Law thesis topics could investigate how businesses are expected to operate ethically while maximizing shareholder value, especially in industries that have significant impacts on the environment or human rights. Additionally, the legal liabilities of corporate officers and directors for breaches of fiduciary duties remain a hot topic in legal research.
• Environmental Law and Climate Change: Environmental law continues to be a pressing area of legal concern as the effects of climate change become more evident. Law students can explore topics related to the enforcement of environmental regulations, the role of international treaties in combating global warming, and the legal responsibilities of nations and corporations in ensuring sustainability. The recent shifts towards renewable energy sources and their legal implications offer a rich field for exploration.
• Immigration Law: Immigration law remains at the forefront of political and legal debates in many countries. Thesis topics could address the legality of border enforcement practices, the rights of refugees and asylum seekers, and the impact of new immigration policies on families and communities. Additionally, the intersection of immigration law with human rights provides a compelling area for legal research and discussion.
• Intellectual Property in the Innovation Economy: As innovation drives economic growth, intellectual property (IP) law plays a crucial role in protecting inventions, brands, and creative works. However, the tension between IP protection and the public interest, particularly in the pharmaceutical industry and technology sector, presents a complex scenario for legal analysis. Law students might explore the balance between encouraging innovation through patents and copyrights and ensuring public access to essential medicines and technologies.

Each of these areas presents unique challenges and opportunities for law students to contribute to their fields through rigorous analysis and innovative thinking. Addressing these current issues in law not only enhances their academic portfolio but also prepares them to enter the legal profession with a comprehensive understanding of the issues at the forefront of legal practice today. By focusing on these law thesis topics, students can position themselves at the cutting edge of legal research and development.

Recent Trends in Law

The dynamic nature of legal systems worldwide ensures that the landscape of law is perpetually evolving. Recent trends in law have been shaped by technological advancements, societal shifts, and global events that have prompted significant legal developments and debates. These trends provide fertile ground for law thesis topics, offering students a chance to explore the cutting-edge issues that are shaping modern legal doctrines and practices.

• Technology and Law: One of the most pervasive influences on recent legal trends is technology. From the rise of fintech and blockchain technology affecting financial regulations to the challenges posed by artificial intelligence in privacy and intellectual property law, technology is reshaping legal boundaries. Law students could examine topics such as the regulation of autonomous vehicles, legal responses to cybersecurity threats, or the implications of AI in criminal justice systems, including predictive policing and decision-making algorithms.
• Global Health and Law: The COVID-19 pandemic has highlighted the critical role of health law on a global scale. Recent legal trends have focused on public health law’s response to pandemics, including emergency powers, vaccination mandates, and quarantine measures. Thesis topics might analyze the balance between individual rights and public health safety, the legal implications of global vaccine distribution, or the role of the World Health Organization in shaping international health regulations.
• International Trade and Law: Recent shifts in international trade agreements and policies, such as Brexit and changes in the United States’ trade policies, have significant legal implications. Law students have the opportunity to delve into issues surrounding trade negotiations, tariffs, and the role of international bodies like the World Trade Organization in mediating global trade disputes. Additionally, the rise of protectionist policies and their legal ramifications offers a rich area for scholarly investigation.
• Social Justice and Law: Recent years have seen a marked increase in legal initiatives focused on social justice, including movements towards criminal justice reform, police accountability, and the decriminalization of certain activities. Law thesis topics could explore the legal frameworks surrounding prison reform, the abolition of cash bail systems, or the legalization of cannabis and its social, economic, and legal impacts.
• Environmental and Energy Law: With the urgent need for environmental sustainability, recent legal trends have increasingly focused on environmental and energy law. Topics for exploration include the transition to renewable energy sources, legal strategies for reducing carbon footprints, and the enforcement of international environmental agreements like the Paris Accord. Law students could also investigate the legal aspects of green technology patents and their role in promoting eco-friendly innovations.
• Corporate Responsibility and Ethics: There is a growing trend towards ensuring that corporations operate more transparently and ethically, particularly in relation to environmental, social, and governance (ESG) criteria. This shift has led to new regulations and legal standards, offering thesis topics on corporate governance reforms, the legal liabilities of ignoring climate change impacts, and the integration of corporate social responsibility into business operations.

These recent trends in law reflect a world where legal systems are rapidly adapting to external changes and internal pressures. For law students, engaging with these law thesis topics not only provides an opportunity to contribute to scholarly discourse but also to influence future legal practices and policies. As these trends continue to evolve, they will undoubtedly shape the legal landscape for years to come, providing ongoing opportunities for impactful legal research.

Future Directions in Law

The legal landscape is continually evolving, driven by shifts in technology, societal norms, and global dynamics. Identifying and understanding future directions in law is crucial for law students as they consider thesis topics that not only address current legal challenges but also anticipate upcoming legal trends. This exploration provides insights into potential legal reforms, the emergence of new legal fields, and the adaptation of law to future societal needs.

• The Expansion of Cyber Law: As digital technology becomes even more integrated into daily life, the future of law will increasingly hinge on addressing cyber-related issues. Future law thesis topics might explore regulations for the Internet of Things (IoT), legal responses to virtual realities, and the implications of quantum computing on data security and encryption. Additionally, the legalities of digital personhood and AI’s rights and responsibilities will challenge traditional legal frameworks and require innovative legal thinking.
• Climate Change Legislation: Climate change continues to be an urgent global issue, necessitating robust legal frameworks that promote environmental sustainability and mitigate harm. Future legal scholars might focus on international climate agreements, the development of national laws that enforce global climate goals, and the legal responsibilities of countries and corporations in reducing their carbon footprint. The role of law in promoting green technologies and sustainable urban planning will also be critical areas for research.
• Global Legal Cooperation: In an interconnected world, the future of law lies in global cooperation, particularly in areas like human rights, international trade, and public health. Law students could examine the potential for new international treaties, the evolution of supranational legal institutions, and the ways legal systems can work together to address issues such as migration, pandemics, and international crime.
• Legal Implications of Biotechnology: As biotechnological advancements continue, so too will their legal implications. Future thesis topics may include the regulation of genetic editing techniques, bioethics, bioprinting of human organs, and the patenting of biotechnological inventions. The balance between innovation and ethical considerations will be a significant focus, as will the protection of genetic data.
• Reforming Justice Systems: There is an ongoing need for justice system reform, particularly concerning equity, efficiency, and accessibility. Future directions in law could involve examining alternative dispute resolution mechanisms, the decriminalization of certain offenses, and reforms in sentencing practices. Additionally, the adoption of technology in the justice system, such as virtual courtrooms and AI in legal decision-making, presents both opportunities and challenges.
• The Future of Labor Law: The nature of work and the workplace is changing rapidly, prompted by technology and evolving business models. Future law thesis topics might include the legal status and rights of gig economy workers, the use of AI in workplace management, and the implications of remote work for labor law. Legal scholars will need to consider how labor laws can adapt to continue protecting workers’ rights in this new landscape.
• Protecting Rights in a Digital World: As personal and societal activities increasingly move online, protecting individual rights becomes more complex and essential. Future legal research could focus on digital identity, the right to digital privacy, and freedom of expression online. Legal frameworks will need to evolve to protect these rights adequately while balancing them against national security concerns and societal norms.

These future directions in law offer a glimpse into the potential challenges and areas of growth for the legal profession. For law students, engaging with these topics not only helps push the boundaries of current legal thought but also prepares them to play an active role in shaping the future of the legal landscape.

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Centre For Labour Laws

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)

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).

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

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

Collective Bargaining

Employment discrimination.

• 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.

• 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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• Last Updated: Apr 24, 2024 3:18 PM
• URL: https://researchguides.library.wisc.edu/employment

Work Law Open Cases & Materials

361 Pages Posted: 1 Jul 2024

Gali Racabi

Cornell University ILR School; Cornell Law School

Date Written: June 26, 2024

This casebook accompanies a survey course on US labor and employment law . My emphasis in collecting the materials was on legal and policy highlights underlying key aspects of the law of work in the US circa 2024.

The casebook includes five substantive parts: 1) Employee Classification; 2) Employment At Will and Common Law Exceptions; 3) Constitutional Rights and Statutory Interventions; 4) Antidiscrimination; and 5) Labor Law. At the beginning of the book, there’s a short introductory part (i); at its end, sections (6) & (7) offer some movies and book recommendations. In the subsequent phases of the textbook, I will add a Statutory Work Law chapter, a Work Law Procedures chapter, and a Remedies chapter.

I added links to the full opinion, oral argument, and docket for each legal case, if available. Following some cases, I added notes to help students compare and contextualize the materials.

Keywords: Employee Classification, Employment At Will, Common Law Exceptions, Constitutional Rights, Statutory Interventions, Antidiscrimination, Labor Law, Legal Cases, Work Law Procedures, Remedies, Contractual Relationships, Employment Law, Labor Relations, Discrimination in Employment, Legal Opinions, Work Law Policies, Employment Regulations, Work-related Harms, Legal Ambiguity, Employer Rights, Employee Rights, Workplace Governance, National Labor Relations Act (NLRA), National Labor Relations Board (NLRB), Employment Contracts, Workplace Policies

JEL Classification: J08, J15, J41, J53, J81, K31, K32, K38, K42

Suggested Citation: Suggested Citation

Gali Racabi (Contact Author)

Cornell university ilr school ( email ).

Ithaca, NY 14853-3901 United States

Cornell Law School ( email )

Do you have a job opening that you would like to promote on ssrn, paper statistics, related ejournals, io: regulation, antitrust & privatization ejournal.

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Employment Law eJournal

Law & society: the legal profession ejournal, labor law ejournal, labor: public policy & regulation ejournal.

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Employment Law Dissertation Topics, Ideas & Examples

Published by Carmen Troy at January 2nd, 2023 , Revised On August 15, 2023

Employment law governs the relationship between employers and employees largely. A contract outlines what employers expect from their employees, what they may ask them to accomplish, and the rights of the employees during and after employment.

Employment lawyers deal with various issues, including but not limited to overtime, changes to employment contacts, creating new employment contracts, wages and leaves, working hours, employee rights, and more.

Since the employment landscape is constantly changing and the gig economy is on the rise, job law is a key area of study. If you are a student and looking for employment law dissertation topics for your final year research, we have a bunch of options available here. Let’s take a look below.

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• Human Rights Law Dissertation Topics
• Business Law Dissertation Topics
• Employmeny Law Dissertation Topics
• Contract Law Dissertation Topics
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• Medical Law Dissertation Topics
• Maritime Law Dissertation Topics

The list of Employment Law Dissertation Topics

• A description of how agency workers’ employment rights and legal status have evolved
• The employment law is currently facing a serious and contentious issue due to agency employees.
• Does the Beecroft Report offer a favorable set of suggestions that safeguard workers while promoting flexibility in the workplace?
• An examination of the employment laws and regulations in the UK and the trade unions.
• Is it satisfactory how the law applies the “spectrum of reasonable replies” standard in cases of wrongful dismissal?
• How well-suited is the law governing “restrictive covenants” and garden leave?
• Should English Employment Law adopt the US practice of “firing at will”?
• How much have the rights of the disabled been improved by the Equality Act 2010?
• How much of an uneven approach to religion and freedom of conscience has the Equality Act of 2010 provided under its aegis?
• The connection in the UK between employment and religion. A scholarly viewpoint.
• The impact of changes to UK employment regulations following its exit from the EU
• The function of UK child labor regulations. How is the judiciary body combating increasing child labor?
• An analysis of the employment rules in the EU and the UK’s automotive industries. Who has the greatest ideas for remuneration and rights protection in the workplace?
• An extensive comparison of Islamic head coverings and business clothing in UK employment sectors. Do Muslims really have access to rights?
• Investigation into unjust dismissal under UK law. Do businesses compensate employees who have been fired unfairly?
• Is there any job security? A thorough case study of the UK’s employment laws and their shortcomings.
• Effects of racial prejudice on an organization’s reputation. A thorough examination of UK labor legislation.
• An analysis of UK laws pertaining to job discrimination.
• How effective is the UK’s employment law in preventing racism?
• Employee misbehaviour: How is unethical management conduct handled under UK law?
• What challenges do the UK employment rules present to a foreign worker?
• The part that UK legislation plays in defending women’s rights in organizations
• A review of UK employee selection standards.
• The legal significance of employment in social work in the UK

How Can ResearchProspect Help?

ResearchProspect writers can send several custom topic ideas to your email address. Once you have chosen a topic that suits your needs and interests, you can order for our dissertation outline service which will include a brief introduction to the topic, research questions , literature review , methodology , expected results , and conclusion . The dissertation outline will enable you to review the quality of our work before placing the order for our full dissertation writing service!

Bright minds concentrate on the basics before diving into professional work, leading to better results. Your employment law dissertation topic must be based on a strong employment law issue. Despite their academic struggles, all university students must write a dissertation according to the guidelines provided to them. In the UK, the students must choose an original topic before starting to work on the dissertation.

If you need an original employment dissertation topic along with the proposal and the full dissertation paper, you may want to read about our dissertation writing services or place your order here .

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To find Employment Law Dissertation Topics:

• Study recent labor law changes.
• Examine unresolved legal issues.
• Analyze HR and workplace trends.
• Review court cases and debates.
• Consider global employment challenges.
• Select a topic aligning with your career aspirations.

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Law - LLM in Labour Law: Dissertations & Theses

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Reputable Internet links to dissertations and theses in SA Universities’ Institutional Repositories as well as Open Access Repositories in SA and internationally can be found on the  Reputable Links tab

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Guidelines for submitting dissertations and theses at UJ.

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A link to our Reputable Links page.

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)
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Ebsco Open Dissertations

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• URL: https://uj.ac.za.libguides.com/LLMLabourLaw

Advancing social justice, promoting decent work ILO is a specialized agency of the United Nations

The International Labour Review (ILR) , a peer-reviewed, multidisciplinary journal with a global reach in labor and employment studies, was established in 1921 by the ILO Governing Body. Published quarterly in English , French , and Spanish by the ILO Research Department, the ILR seeks to promote academic research and contribute to policy discussions and decisions in areas related to work, including economics, law, industrial relations, social policy, sociology, and history. It publishes original academic and expert analyses, offers concise updates on recent developments, and reviews significant publications of interest to professionals in these domains.

• Aims and Scope
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• Submission of book reviews

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Current Issue

• The shifting motherhood penalty and fatherhood premium in China’s gig economy: Impact of parental status on income changes, by Qi ZHENG , Zitong QIU and Weiguo YANG
• Skills and employment transitions in Brazil, by Willian ADAMCZYK , Philipp EHRL and Leonardo MONASTERIO
• What about us? A vignette study explaining training preferences by contract type and skill specificity, by Ferry KOSTER
• You better watch out: How the supervisor response to worker voice affects promotive voice, by Arjuna SNOEP-DELLEMAN , Agnes AKKERMAN , Roderick SLUITER and Katerina MANEVSKA
• Robots and employment: A review, by Shahab SHARFAEI
• The labour market and tax policy drivers of self-employment: New evidence from Europe, by Balázs ÉGERT and Annabelle MOUROUGANE
• Disentangling the attractiveness of telework to employees: A factorial survey experiment, by Eline MOENS , Elsy VERHOFSTADT , Luc VAN OOTEGEM and Stijn BAERT

Celebrating the Centenary of the International Labour Review

The year 2021 marked the 100th anniversary of the ILR. To celebrate this milestone, the ILR launched various initiatives to highlight its history and multidisciplinary contributions to academic research and policy debate at the global level.

International Labour Review Unit (REVUE) Research Department (RESEARCH)  

4 route des Morillons Geneva Switzerland 1211 Tel : +41 22 799 7664 Email : [email protected]   Website : https://www.ilo.org/revue 

The Labor Law Insider - NLRB Remedies: “Draconian” Says the Fifth Circuit Court of Appeals in Thryv

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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Employment Research in Brief: An Annotated Bibliography of ETA- and CEO-Sponsored Studies 2012–2016

Publication info, research methodology, country, state or territory, description, other products.

The U.S. Department of Labor (DOL) Employment and Training Administration (ETA) sponsors numerous research studies, evaluations, pilots, and demonstrations on a broad range of topics relevant to the agency’s mission. This annotated bibliography provides abstracts of impact evaluations and other systematic analyses funded by ETA and published on ETA’s Research Publication Database or DOL’s Chief Evaluation Office research page from 2012 through June 2016, as selected by researchers from Mathematica Policy Research with guidance from ETA staff. The summarized publications include research, evaluation, and demonstration reports, as well as other papers and sets of policy recommendations. Each abstract provides a brief overview of the intervention studied, the type of research, data sources, analytical methods, and findings. These publications were not reviewed for quality or strength of design, and their inclusion in this bibliography does not imply any endorsement of their design, methods, or content by ETA or Mathematica.

This bibliography is organized along eight major topic areas: training programs under the Workforce Investment Act (WIA); training programs other than WIA; services to military personnel, veterans, or military spouses; population-specific programs; trade adjustment assistance; unemployment insurance; labor market information (LMI); and regional economic development. Within some topics, publications are categorized under more specific sub-topic headings. Publications related to more than one topic are summarized in the section where they are most relevant. For publications that do not cover a specific program area or grant program, the annotated bibliography classifies them according to the most relevant topic area and describes the logic for its inclusion in the topic summary.

California Employment Law Update

Paga 2.0 – what employers need to know as paga reform becomes law.

On June 27, 2024, by near-unanimous vote, the California Legislature passed two bills enacting much-needed reform to the Private Attorneys General Act (PAGA).  We previously reported on the legislative compromise last week, when the deal was first announced.

The most profound changes are contained in AB 2288 , which amended Labor Code § 2699—the beating heart of PAGA.  AB 2288 makes several significant changes to the law, which apply to civil actions filed (or based on notices filed) on or after June 19, 2024. 

• Standing.   In perhaps the most significant change, a PAGA plaintiff now must have experienced each specific violation alleged, bringing PAGA in line with class action principles that require a plaintiff to be a member of the class.  Under prior law, as long as the plaintiff experienced at least one violation, she could pursue penalties for other violations that she did not experience.  However, the new standing requirement does not apply in actions where certain nonprofit legal aid organizations serve as counsel of record.  Among other requirements, the organization must have served as counsel of record in PAGA actions for at least 5 years prior to January 1, 2025, so this loophole should not allow plaintiffs’ lawyers to get around standing requirements by forming new organizations.
• Statute of Limitations.   The statute specifies that a claim is not timely unless the plaintiff experienced the violation during the one-year limitations period applicable to PAGA claims.  In our view, this is declarative of existing law, although for years, plaintiffs have argued that Johnson v. Maxim Healthcare Services, Inc. , 66 Cal. App. 5th 924 (2021) allows PAGA plaintiffs to assert claims even if they did not experience violations during the relevant period.  This change forecloses that argument.
• Codification of Manageability Principle.   The statute provides that courts “may limit the evidence to be presented at trial or otherwise limit the scope of any claim filed pursuant to this part to ensure that the claim can be effectively tried.”  At first glance, this provision would appear merely to codify the recent decision in Estrada v. Royalty Carpet Mills, Inc. , 15 Cal. 5th 582 (2024).  Curiously, however, the text is based not on a passage from Estrada , but from an earlier decision, Woodworth v. Loma Linda Univ. Med. Ctr. , 93 Cal. App. 5th 1038, 1070 (2023).  And by omitting the modifier “at trial” from the passage stating that a court may “otherwise limit the scope of any claim,” this change is sure to revive the debate over courts’ powers to manage PAGA claims.  Arguably, the text opens the door to case management orders limiting the scope of claims before trial.
• Cure Provisions.   The statute provides new cure provisions that are most robust with respect to alleged wage statement violations.  For alleged violations of the requirement to accurately state the name and address of the employer on a wage statement, the employer may cure by showing that it provided written notice of the correct information to each allegedly aggrieved employee.  For all other alleged violations of Labor Code § 226(a), the employer may cure by showing that it provided fully compliant wage statements to each aggrieved employee during every pay period where a violation occurred dating back 3 years from notice.  Where the employer cured and took “all reasonable steps” to comply with the law (as discussed below), there is no penalty.

For all other alleged Labor Code violations, the employer can cure by showing it corrected the violations and made all aggrieved employees whole—meaning, it paid all unpaid wages due dating back 3 years from the PAGA notice plus 7 percent interest, any liquidated damages required by statute, and reasonable lodestar attorneys’ fees and costs.  Where an employer cures under this provision and took “all reasonable steps” to comply with the law, the maximum penalty is $15 per pay period.

• Discretion to Award More Than Maximum Penalty.   Under prior law, courts had discretion to award less than the maximum penalty if to do otherwise would result in an award that is “unjust, arbitrary and oppressive, or confiscatory.”  The new law retains that discretion, but also allows courts to award more than the maximum penalty, using the same criteria.  In practice, it appears that only an “unjustly” low award would trigger this discretion (which presumably will be used sparingly), because it would be nonsensical to increase an already “oppressive” or “confiscatory” award.
• Changes to Default Penalties.   Under prior law, for any violation where the Labor Code did not already provide a penalty, the maximum penalty was $100 per pay period for an “initial” violation and $200 per pay period for a “subsequent” violation, where a “subsequent” violation means a court or the labor commissioner previously found the employer had violated the Labor Code section at issue.  The new law changes this by making the default $100 unless one of the following two applies: (1) a court or the labor commissioner found in the last five years that the employer’s policy or practice giving rise to the violation was unlawful, or (2) the court determines that the employer’s conduct was “malicious, fraudulent, or oppressive.”  If either of these applies, the default maximum increases to $200 per pay period.
• $25 per pay period for violations of the requirement to accurately list the employer’s name and address, if the employee would not be confused or misled about identity of employer;
• $25 per pay period for other wage statement violations if the employee could promptly and easily determine the accurate information from the wage statement alone; and
• $50 per pay period if the violation resulted from an isolated, nonrecurring event that did not extend beyond the lesser of 30 consecutive days or four consecutive pay periods.
• Lower Penalties for Taking “All Reasonable Steps” to Comply.   Except where heightened penalties apply, no more than 15% of the maximum penalty can be awarded if the employer took “all reasonable steps” to be in compliance with all provisions in the PAGA notice prior to receiving the notice, and no more than 30% of the maximum penalty can be awarded if the employer did so within 60 days after receiving the notice. 

“All reasonable steps” may include that the employer “conducted periodic payroll audits and took action in response to the results of the audit, disseminated lawful written policies, trained supervisors on applicable Labor Code and wage order compliance, or took appropriate corrective action with regard to supervisors.”  Whether conduct was reasonable is based on totality of the circumstances and takes into consideration “the size and resources available to the employer, and the nature, severity and duration of the alleged violations.”  As noted above, the “all reasonable steps” standard also determines the penalties available where an employer avails itself of PAGA’s new cure provisions.

• Anti-Stacking Provision.   The statute provides that no penalty is available for (1) a derivative violation of §§ 201, 202, 203; (2) a derivative violation of § 204 that is neither willful nor intentional; or (3) a derivative violation of § 226 that is neither knowing nor intentional, and not a complete failure to provide a wage statement.  Most courts were not “stacking” penalties in this way, but plaintiffs could theoretically seek such penalties, which could have an impact on settlement value.
• Lower Penalties for Weekly Pay Periods.   Under prior law, an employer theoretically could be penalized more harshly by paying on a weekly basis as opposed to biweekly or semimonthly, because the maximum penalty was based on a dollar amount per pay period .  The new law avoids that arbitrary result by reducing penalties by one-half if the employees’ regular pay period was weekly.
• Distribution of Penalties.  Under prior law, any penalties recovered were distributed 75% to the Labor & Workforce Development Agency (LWDA) and 25% to the aggrieved employees.  The amendments increase the employees’ portion to 35%, with the remaining 65% going to the LWDA.
• Injunctive Relief.   The statute now allows courts to award injunctive relief.  However, as worded, it is unclear if injunctive relief is available where (1) the Labor Code already provided a civil penalty to the state agency, but (2) the Labor Code did provide injunctive relief to the state agency.

SB 92, the counterpart to AB 2288, made certain procedural changes to Labor Code § 2699.3.  We will report on one such change—the creation of an early evaluation regime—in a future post. 

In sum, while far short of a full repeal, the PAGA legislation passed this week includes several common sense reforms that rein in some of the most decadent excesses of the much-maligned law.  As the new provisions are applied in new cases, we will monitor and report on key developments in the space.

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Sir Keir Starmer says there is 'no evidence' private schools will have to close due to Labour's VAT plans

The Labour Party's manifesto includes a policy that will see VAT applied to private schools in a bid to support state schools.

Thursday 27 June 2024 21:36, UK

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Sir Keir Starmer has said there is "no evidence" private schools will be forced to close due to Labour's plans to impose VAT on them.

Speaking to Sky's Sophy Ridge , the Labour leader defended his party's education policy to use the money to support state schools.

Election latest: Tory donor backs Reform

"I think they will adapt," he said. "They've had lots of increases in costs over the last 14 years and they've accommodated it.

"There's no evidence to show these schools will close. They don't have to pass the cost on to parents."

Private schools are currently exempt from VAT - but the Labour Party has pledged to close the current loophole.

Sir Keir was grilled on the policy at the Sky News Leaders' event in Grimsby .

It's a difficult choice'

Addressing parents' concerns, he added: "It's a difficult choice. But they're businesses in the end and they're very successful in the round.

"I want them to thrive. But we need to make this choice, because in the end, if I want the teachers we need in our state secondary schools, I have to answer the question you would put to me, just how are you going to pay for that?

"You're going to pay for that by getting rid of the tax breaks for private schools, and use it to invest in the teachers we need in our state secondaries."

Sir Keir was also pressed on the recent backlash to the policy, which Ms Ridge suggested may be related to "many people in Westminster and in the media who either went to private school or send their children there".

"I think there's an element of that," he replied.

Grammar school background

The Labour leader spoke to Sky News following the final TV debate between he and Prime Minister Rishi Sunak before voters go to the polls on 4 July.

A snap Yougov poll suggested the public viewed their performance at the event in Nottingham on Wednesday equally.

Ms Ridge also quizzed the Labour leader on his own education. He attended a grammar school in Surrey, which became private while he was there.

Asked how he felt about the change, he said: "I don't think I even appreciated it.

"If you ask all the people that were at school with me - we started off as state grammar school boys, paid for by the local authority - we ended up as state grammar school boys paid for by the local authority."

He stressed the funding and support from the council remained the same.

"It's obviously very different now, but it is very important to me that every child has those opportunities," he added.

Read more Starmer: Sunak was 'bullied' into action over gambling scandal Sunak and Starmer's final TV debate was a draw Jeremy Hunt donates £32,000 to local party

The Labour leader says his first steps should he be in Downing Street on 5 July are 40,000 extra NHS appointments to reduce waiting lists, recruiting secondary school teachers, and setting up 'Great British Energy' to minimise energy bill rises.

NHS fit 'for the future'

Specifically on the NHS, he said he aims to "change the very model of the NHS" to "make much greater use of AI" and ensure it is more preventative and community-based.

"Creating the NHS is one [moment] we celebrate every year," he said.

"I want to make sure that in the 50, 60, 70 years people are celebrating the fact that an incoming Labour government in 2024 made sure the NHS was not something to just proudly look back on, but is actually built fit for the future."

Asked for his general feelings as the election campaign comes to an end, he said: "We've been here for four-and-a-half years.

"I woke up with a smile on my face on 1 January, because I knew we'd have an election this year.

"We're ready for this. We've got a positive offer to put to the country. So we're campaigning with a smile and a spring in our step."

After his rival Mr Sunak told a previous TV debate he eats too much Haribo during election campaigns, Sir Keir said coffee was his vice to get him through

"Coffee coupled with cheese sandwiches and tuna sandwiches in the back of that Labour bus," he said.

Related Topics

• General Election 2024
• Sir Keir Starmer

Here’s a rundown of Tennessee laws taking effect July 1

The Tennessee House of Representatives began its 2024 legislative session Jan. 9. (Ian Round/The Daily Memphian file)

As usual, the Tennessee General Assembly passed numerous measures this session that will affect the state’s citizens, most of which go into effect Monday, July 1.

Those bills, 224 of them to be exact, address such topics as crime, bail, abortion, gender-affirming care, teachers with firearms, drag racing, traffic stops and even official state books and foods.

But the 113th session also passed some other laws that take effect Monday that will have an impact on Tennesseans, some perhaps haven’t received as much attention as others. Here’s a rundown of these important, and not-so-important, new laws.

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Jody Callahan

Jody Callahan graduated with degrees in journalism and economics from what is now known as the University of Memphis. He has covered news in Memphis for more than 25 years.

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