Information technology and employment law: Challenges in an evolving workplace

Conclusion Clearly, all of these changes represent a significant change in the current context of employment law; however, in a work context in which traditional roles and working relationships have radically evolved, it is difficult to see the value of continuing to enforce an employment law policy on the basis of distinctions long-passed from the organizational landscape. Equally clearly, there will be a difference of opinion among the parties to employment law as to the imperative for change. Employers will generally see their interests in the perpetuation of the status quo; while it may not be optimal, it is predictable and they have learned to live with it. Employees on the other hand, should see a clear mandate for changes that would solidify the protections of employment law for them in a rapidly changing organizational context.     

The employment contract: A test of the transaction cost theory

This paper tests some predictions derived from Williamson's transaction cost theory of the organization of work, which holds that the form of the employment relationship is determined largely by the idiosyncrasy of work—that is, the nature of skills and knowledge used in production. It examines the occurrence of theoretically relevant provisions in collective bargaining agreements in the United States and finds they are related to a contract-level proxy for idiosyncrasy (based on bargaining structure) as predicted by the theory. An analysis of an individual-level variable, the difficulty of finding a comparable job, provides some additional support. Finally, several alternative explanations of the results are considered, and it is argued that none are consistent with the evidence. The analysis thus finds strong, if necessarily provisional, support for the theory.     

The relationship between international law and European labour legislation and its impact on the development of international and European social law

This article draws on observations of how European Union law takes account of international worker protection instruments and the activities of international organizations to protect social rights to establish a typology of the links – often close but also very diverse – between European law and “international labour law” in the broad sense.     

Introduction: Transnational futures of international labour law

This Special Issue on transnational labour law is placed in the context of the ILO centenary and the challenge of achieving the objective of decent work in a new century, under distinct transnational pressures. The author argues that international labour law, as the normative core of transnational labour law, can play a crucial role – in conjunction with a wide range of actors and the ILO in its standard-setting and convenor capacities – in addressing this challenge and in reshaping the transnational legal architecture.     

The rights of Turkish migrants in Europe under international law and EU law

This paper investigates three issues concerning female immigration in the European Union during the past decade: 1) the sequence of labor migration and family reunification is assessed; 2) family migration is examined in detail; and 3) the implications of the diversification of contemporary female migration are studied. In addition, it presents arguments regarding the necessity of considering the reality of changing patterns of employment, households, and social structures to increase our knowledge of European immigration. Family reunion, as much as full-fledged labor migration, reveals the multiple personal and familial strategies involved in the process of migration. Theoretization of international migration emphasizes its diversification including the growing significance of minority skilled migrants. Absence of a sustained dialogue between feminist and mainstream researchers in the field of migration studies is one of the major problems in achieving change in the theoretical understanding of gender international migration in Europe. It was also observed that the communication between migrant women and mainstream European feminist movements has been poor. Lastly, it was proposed that migration theories and models should revolve around the multiple aspects of women's lives in order to catch up with the changes of the last few decades in employment, household and social structures.     

Taking older people's rights seriously: the role of international law

Older people face many difficult challenges that amount to a deplorable violation of their basic human rights (poverty, discrimination, denial of social services, etc.). However, the world has been slow to react. Factors that limit global responses to the challenges of aging include: limited political will, the prevalence of neo-liberalism, and NGOs' longstanding advocacy for other seemingly "more" disadvantaged groups. Such oppression of and discrimination against older people require a concerted world-wide response. We contend that the introduction of an international convention on the human rights of older people is most relevant. Reinforced by a potent international monitoring system, the convention should contain comprehensive and legally binding provisions that require participating states to promote older people's rights. It is argued that international law would be a powerful force in defending and protecting older persons, operating as a baseline for establishing underlying values for national aging policies and linking older persons' concerns with other segments of society.     

Effects of international law on migration policy and practice: the uses of hypocrisy

Classical learning recognizes no role for international law in affecting migration policy and practice, but in modern times the salutary effects are increasing, although they remain modest. International law influences migration policy primarily through effective invocation of various forms of "soft law" in internal and international political forums. More limited prospects exist for beneficial changes enforced by international institutions and domestic courts. The article cautions against inflated expectations in the latter settings, however, particularly because overly ambitious claims can be counterproductive. It then offers a few predictions about near-term effects of international law, having to do with departures from a country, refugee law, and the integration of migrants into their new homelands.     

From Inclusive Policy to the Exclusive Real World: an international review

The characteristics of policy in special education are examined in a number of international settings via an analysis of policy documents and commentaries on policy implementation. Through a constant comparative method a number of 'ideal types' are identified which characterise policy and exemplify the problems involved in the realisation of policy, particularly when that policy is progressive and especially when it promotes inclusive principles. Tensions particularly emerge between the interests of administrative and professional groups on the one side and the deprofessionalising, devolutionary pressures inherent in inclusion on the other. The types are used to analyse specific policy initiatives in Australia, New Zealand and the UK.     

Transformations of employment and occupation patterns in Taiwan's transition to an information society

This study investigates the employment and occupation patterns that have emerged as Taiwan has evolved into an information society. The study shows that the unemployment problem that arose after Taiwan's transformation to an information society is closely related to the inability of information-intensive industries (particularly information-intensive manufacturing) to absorb the labor released from labor-intensive industries. Second, the changing trends in occupation structure under the transformation to an information economy have made Taiwan's labor market unbalanced, benefiting workers who are more highly skilled in information, are more professional, and have higher levels of education. This state of unbalance negatively affects inequality and bias in the labor market.     

Alcohol and employment in the transition to adulthood

We elaborate the relationship between work hours and alcohol use during the transition from adolescence to adulthood. Both hours of employment and drinking may be products of weak bonds to school and family. Alternatively, work may exert an independent effect on alcohol use by exposing adolescents to opportunities and associates that facilitate drinking. Using longitudinal data from the Youth Development Study (YDS), we present static score regression models showing that long work hours increase levels of drinking during high school. These effects are mediated in large part by work-derived independence from parents, suggesting that a precocious transition to adult roles may be the mechanism connecting work hours and alcohol use. Work effects on drinking are short-lived, however, as adolescent hours of employment do not significantly influence alcohol use after high school.     

Facilitators and barriers to employment: the perspectives of people with psychiatric disabilities and employment service providers

This study examined the perspectives of people with psychiatric disabilities and employment service providers regarding factors that most directly help or hinder consumer efforts to obtain and maintain employment. Forty-four adults with serious mental illness (SMI) (consumers) and 30 providers participated in 12 focus groups across Massachusetts. We began both consumer and provider groups by posing two broad questions: 1) what factors most help people with SMI get and keep jobs (facilitators), and 2) what factors most prevent people with SMI from getting and keeping jobs (barriers)? Data were analyzed qualitatively and both person and environmental factors were highlighted. Among facilitators, participants agreed that quality consumer-provider relationships and individualized employment services are most instrumental in helping consumers achieve employment goals. Participants identified a range of environmental barriers, including issues related to the service system, entitlement programs, non-human resources, and social stigma. Implications for services are discussed.