Search Results (43)

Platform contracts are a central element of digital work and therefore present a number of legal challenges, in particular with regard to the classification of the legal relationship based on them. In this paper, the two forms of platform work, work on demand via apps and crowdwork, are analysed, with a separate analysis which highlights legal doctrinal inconsistencies. In doing so, we will also discuss the related problematic and varied jurisprudence. This jurisprudence illustrates the complex dispute between the worker and the platform company. Finally, the new Platform Directive of the European Union, which may not hold the key to a real solution to the problem of setting up an appropriate legal qualification system for platform workers, will be analysed. The study is based on the desk-research method, presenting national and EU legislation and case law through qualitative analysis. Full article

This article explores identity-based prison worklines, described as the organisation of prison labour around prisoners’ identities such as race, sex, disability, and age. These worklines often impact prisoners’ pay, working conditions, and post-release opportunities. By examining this phenomenon primarily in the United Kingdom, as well as across Europe and the US, the article discusses the co-constitutive relationship between prison labour and the identity of prisoner-labourers. To analyse this relationship, the article develops a theoretical model of Incarcerated Working Identities (IWI), drawing insights from six distinct theoretical fields: prison studies, labour studies, identity studies, and their intersecting sub-fields. Placing identity-based prison worklines within the IWI theoretical framework exposes two tiers of harm: (1) discrimination and (2) identity re/construction. Together, these harms illustrate how identity-based prison worklines infringe on prisoners’ right to equality while also constraining their identity in ways that clash with their rights to liberty, autonomy, and dignity. These harms, this article concludes, violate human rights law. Incarcerated individuals could therefore utilise the IWI framework to challenge their current work assignments and conditions. Full article

The transportation sector is encountering escalating issues associated with technical progress, environmental laws, economic upheavals, and deficiencies in personnel capabilities. Although prior research has examined these concerns separately, there is an absence of thorough studies investigating the interaction between these elements and their influence on the long-term sustainability of the transportation industry. This study aims to address this research vacuum by providing a comprehensive examination of the impact of technical breakthroughs, environmental requirements, supply chain obstacles, and worker skills on the advancement and sustainability of the transport sector. This research employs expert assessment and regression analysis to investigate data from important stakeholders in the transport industry, aiming to elucidate the interrelationships among these four parameters. The results demonstrate a robust association between technical progress and environmental restrictions, while also underscoring considerable economic challenges, especially supply chain disruptions that impede the adoption of new technology. The lack of trained labour is seen as a significant element that intensifies these issues. This study enhances the current literature by providing a comprehensive view of the elements influencing the sustainability of the transport industry. The report offers actionable suggestions for industry stakeholders, including measures to improve staff training, streamline supply chain management, and more efficiently incorporate new technology. These results have considerable significance for governments and transport corporations aiming to secure the industry’s long-term sustainability. Full article

Technology has led to the advent of digitally enabled workforces like the gig workforce, but a number of issues confront this workforce. This study aims to identify the various issues facing the gig workforce as well as the regulatory measures and regulatory interactions proposed to guide stakeholders in addressing these challenges. This study is a review, with the methodology primarily based on secondary sources of data collection like journals and articles. This study reveals that the construction industry is not immune to the use of the gig workforce, as it often performs project-based construction work, jobs requiring highly specialized skills and commodity service jobs. This study also reveals that the gig workforce is confronted with primarily gig economy-induced platform-based challenges, such as the new nature of work, i.e., exploitative, precarious, and dangerous labour. Furthermore, this study also reveals that these issues can be addressed primarily through regulatory means and regulatory interactions between proposed regulatory measures and existing labour laws, which could be by Coordination, Competition, etc. This aligns with SDG 8, i.e., Decent Work and Economic Growth, as concerns issues related to their benefits, and SDG 10, i.e., Reduced Inequalities, as concerns issues related to their employment relations. The implication of this study for construction stakeholders relates to the development of new regulations and providing a valuable tool for analysing regulatory landscapes and understanding the dynamics of regulatory change, which contributes to scholarly discussions on fair labour practices and the protection of gig workers and helps inform policymaking that will help attract, motivate, retain, and engage more gig workers in the construction industry, which will foster proper workforce management. Full article

The relationship between race and labour has been analyzed from different theoretical perspectives. Some have focused on the connection between race and the extraction of surplus from people of colour, Black people in particular Others have integrated race within the context of capitalism as a world system or have focused on race as a category of exploitation that defines both feudalism and capitalism that is essential for the survival of capitalism. This paper argues that, to understand the relation between race and labour, race must be understood as legal status. Race is a set of legal rights given to or withheld from workers because of loosely defined and arbitrarily selected physical characteristics. By assigning different rights to workers based on race, their labour is racialized, and race becomes an important element to the functioning of capitalism because it defines the value of labour. As legal status, race is defined and enforced by the state. In addition, this paper analyses the development of US naturalization and immigration law from 1790 to 1964, selected as an example of the process of racialization of labour. Specifically, it discusses the process of racialization of labour by connecting it to the concept of Westphalian sovereignty and the differentiation between natural and political rights. It concludes that, between 1790 and 1965, race supported the development and stability of US capitalism through the development of three distinct highly racialized labour markets: the Northeast, mostly defined by the racialization of European workers along a scale of whiteness; the West, determined by the racialization of Asian and, later, Latino workers; and the South, characterized by the racialization of African Americans and selected southern European workers, Italians in particular, and, later, Latino workers. These three markets operated in symbiosis with each other and featured different forms of racialization of labour, as defined by different forms of enforcement of race as legal status, ranging from the Chinese Exclusion Act of 1882 on the West Coast to the Jim Crow System that emerged in the southern states after the Compromise of 1877 and the Immigration Act of 1924 that dramatically limited immigration from southern and Eastern Europe. Full article

While Tunisia endorsed the non-binding Global Compact for Migration (GCM), it has not yet ratified the binding International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (ICRMW). In view of the overlap and convergence between both instruments and the fact that soft and hard law interact through cross-fertilisation processes, with the result that the boundaries between both become blurred, this article examines the potential of the GCM to reinforce the legal standing of the ICRMW in Tunisia and to pave the way for the attenuation of the obstacles to its ratification. Based on policy documents, interviews and secondary sources, we first conclude that the Compact has a considerable potential to promote the Convention as it created a political dialogue in which the Convention gained attention and visibility. Crucially, the implementation of Objective 6(a) GCM, calling for ratification of international labour instruments, appears to be the first step towards ratification as it resulted in a governmental decision to re-consider the ratification of the ICRMW. Secondly, on the basis of comparative legal analysis, we conclude that reading the ICRMW’s provisions through the lens of corresponding GCM Objectives attenuates the obstacles to ratification of the ICRMW. Our findings exemplify the well-established influential function of soft law as a catalyst supporting hard law by reinforcing its legal standing and by providing an impetus for its endorsement. Both analysis and conclusions are not only relevant for the Tunisian case but also for all other countries that endorsed the GCM but have yet to ratify the ICRMW. Full article

Working in the digital age requires a discussion on the right to disconnect. Although it has previously been studied in association with the digital transition movement, the “right to disconnect” has gained relevance in a context of mandatory teleworking due to the COVID-19 pandemic. This situation has led some countries to legislate on the subject, notably Portugal, where the right to disconnect has been enshrined in labour legislation since law no. 83/2021 of 6 December. This article presents a framework of the literature on the right to disconnect, as well as a documentary analysis and an exploratory study carried out in Portugal in November and December 2021, during the COVID-19 pandemic. The survey sought to assess the working conditions of women in telework, particularly about working time. This study stresses that the right to disconnect is linked to the organisation of working time and analyses the negative impact of technology on work, in particular the permanence of the electronic connection to work. The results show that the majority of women value teleworking because they have more time for themselves and their families. However, the women who consider that they have less availability for teleworking indicate that the main reason for this is not being able to disconnect from work. In the context of the digital transition and the expansion of teleworking in organisations and the generalisation of hybrid work, the study of this new “right to disconnect” becomes crucial. Full article

The implementation of the dual vocational training policy establishes horizontal training between schools and the labour market, contributes to educational continuity and is an effective measure against early school leaving. In addition, it has a link with the business sector that enables labour integration and also participates in the training and qualification of students. To approach it, we start from a historical overview of education, where we analyse the different laws passed in recent decades and investigate dual vocational training as an effective policy for training for employment and training of skills, abilities and competences necessary for the acquisition of a job. To this end, we present a study in which we make visible, through interviews, the perspective of students in relation to vocational training in the autonomous community of Andalusia. The majority of those interviewed gave a positive assessment of these studies. Moreover, the interviews show how this educational policy has a positive impact on the labour market insertion of the participants. Full article

The expansion of teleworking and the digital transition movement have given companies and workers great flexibility, albeit with significant organisational consequences. The recent COVID-19 pandemic further reinforced the scale of this impact. Thus, the current research aims to understand whether the multiple dimensions of telework have impacted upon workers’ time management and work intensity through the unprecedented experiences during the pandemic and, in particular, to assess whether telework intensifies work, in what ways and the main reasons for this. The article analyses the literature on teleworking and work intensity and presents a documentary analysis on the subject, in addition to presenting the results of an exploratory study carried out in 2021 in Portugal which investigates the impact of teleworking on workers’ time management. The article underlines that although teleworking can increase a worker’s well-being by eliminating travel time, it presents several risks, namely it can intensify work through increased pressure to meet objectives and targets. Therefore, it is essential to develop research on the effects of telework, particularly assessing the relationship between telework and work intensification, as well as its effects on working conditions and workers’ well-being. This research will be an important resource for regulating labour laws and designing human resource management policies. Full article

This theoretical scientific study explores using a working time recording system as a digital management tool in public administration. It explains why such a system is necessary in public administration and lays out the report’s goals. The main goal is to identify the possibilities of using modern technology, such as the system of recording the working time of public administration employees, to improve its efficiency and pro-client orientation. Recording the working time management ensures that most government and public administration duties are organised and arranged promptly for easier retrieval and allocation of tasks to different departments. A thorough assessment of the literature also looks at the current studies on working time tracking systems, particularly in the context of public administration and their possible effects on effectiveness, accountability, and transparency. Employee privacy-related legal and moral issues are also covered. The Materials and Methods section describes the system’s implementation in detail, covering system selection, employee training, data collection methods, and technological considerations. As a result, the use of time recording systems in public administration has been found to have various benefits, including better work–life balance, fairness and transparency. These solutions improve accountability and trust by streamlining workforce management and ensuring compliance with labour laws. The main result of our research is the design of a theoretical model applicable in public administration for monitoring an employee’s working time. Full article

The aim of this article is to investigate two external flexible forms of employment—the leasing of workers through Temporary Work Agencies (TWAs) and the contracted workers employed through Business Service Providers (contractors). Undoubtedly, these two forms of employment are complex and often give rise to confusion. First, this article reviews the characteristics of these types of workers and the operation of these businesses. Second, it presents the results of a mixed method of empirical research (quantitative and qualitative) regarding contracted workers. Our sample was 365 contracted workers from the cities of Athens, Thessaloniki and Patras, Greece. In particular, quantitative research is conducted using a methodology called RDS (Respondent Driven Sampling) that is innovative in the field of labour economics and labour relations. Some significant findings of our qualitative research are used to improve, extend, and interpret the quantitative results. Our research proves that contracted workers, who are employed at the premises of the banks, are leased workers, and the contracting undertakings usually operate unlawfully as TWAs. Our research proves that Banks in Greece are using “pseudo-contracting” to circumvent the European Directive 2008/104/EC and the Greek Laws 4052/2012 and 4254/2014, both of which provide institutional protection to workers leased through TWAs. In more detail, the relevant European Directive and the Greek Law 4052/2012 provide salary equality and equal labour rights for the leased workers in Greece and the EU, when they share the same qualifications as the permanent employees of the user undertakings. The employers’ aim in adopting this policy is mainly to pay lower salaries to contracted workers, who in practice have the characteristics of leased workers. Full article

Decent Work is considered essential to the facilitation of a transition to greener, fairer, more prosperous, and more just societies. Decent Work represents a fundamental component of the Sustainable Development Goals (SDGs) and a crucial facet of European Union (EU) environment, social, and governance (ESG) norms. Despite its prominence, the precise definition and materiality of Decent Work is obscure and remains subject to limited consensus. To understand these critical gaps, we conducted a comprehensive review with a systematic search of the literature on the subject, encompassing both scientific research and institutional publications. Our review encompassed 517 papers, with a particular focus on three key areas: (1) delineating the constituents of Decent Work, (2) exploring the materiality of Decent Work, and (3) examining how firms value, measure, and report Decent Work. The domain of regulated reporting for Decent Work and its material impact is relatively nascent, resulting in limitations in effectively measuring its tangible, material effects towards a green and just transition. Consequently, our review, with a systematic search of the literature, uncovered notable gaps within the body of literature concerning Decent Work, its substance for ESG materiality regulations, and its conspicuousness for a just transition. Furthermore, our review serves as a critical foundation for fostering discussions and emphasises the practical implications of enumerating the materiality of Decent Work, without which a just transition would be unattainable. By highlighting these deficiencies, we aim to enhance the understanding and implementation of the materiality of Decent Work within the broader context of ESG and the green transition. Full article

The ageing population, climate change, and labour shortages in the agricultural sector are driving the need to reevaluate current farming practices. To address these challenges, the deployment of robot systems can help reduce environmental footprints and increase productivity. However, convincing farmers to adopt new technologies poses difficulties, considering economic viability and ease of use. In this paper, we introduce a management system based on the Robot Operating System (ROS) that integrates heterogeneous vehicles (conventional tractors and mobile robots). The goal of the proposed work is to ease the adoption of mobile robots in an agricultural context by providing to the farmer the initial tools needed to include them alongside the conventional machinery. We provide a comprehensive overview of the system’s architecture, the control laws implemented for fleet navigation within the field, the development of a user-friendly Graphical User Interface, and the charging infrastructure for the deployed vehicles. Additionally, field tests are conducted to demonstrate the effectiveness of the proposed framework. Full article

This is a critical review of what the Marxist scientific literature presents on the forms of countertendency to falling profit rates carried out during the COVID-19 pandemic. The 33 articles included in this review were studied using a Marxist approach. The following elements of the articles were synthesized and criticized: the analysis matrices, the methodological aspects of the articles, the elements contrary to the law of the tendency of the rate of profit to fall, and the cases studied and their contexts of analysis. The articles reviewed allow us to state that during the COVID-19 pandemic, there was intensification in the forms of an increased degree of labour exploitation, cheapening of the elements of constant capital, and increased relative overpopulation and shareholder capital. Full article

Both the Global Compact for Safe, Orderly and Regular Migration and the Global Compact on Refugees commit states to diversify and expand on labour migration opportunities, in particular by facilitating work-based ‘complementary pathways’ for the admission of refugees. Yet, almost four years after their adoption, such pathways remain limited in many cases. It is the aim of this article to examine the constraints posed by existing immigration laws to serve as an admission ground for people in need of protection and the key legal, policy and political issues that need to be addressed to allow the commitments related to labour migration pathways contained in the Compacts to be implemented in national legal systems. In so doing, this article applies a legal and political feasibility lens to evaluate why these pathways for persons in need of protection are often small-scale, underutilized by employers and unwelcoming to potential refugees. It employs a comparative case study methodology drawing on more than 30 semi-structured interviews with stakeholders at the international and national levels in Germany and Sweden. The article concludes that the main challenge to the political feasibility of opening work-based complementary pathways for refugees is politicians’ and policy makers’ traditional thinking of migration and asylum as separate domains. When it comes to challenges to legal feasibility, these stem from entry requirements, lack of sufficient interest among employers who are a key stakeholder in the facilitation of such pathways, as well as issues related to the security of status of potential beneficiaries of such measures. Full article