VOLUME 34


ISSUE 1

PRECARIOUS WORK AND HUMAN RIGHTS

Introduction: Precarious Work and Human Rights
Einat Albin

The Legal Determinants of Precariousness in Personal Work Relations: A European Perspective
Nicola Kountouris

A Quid Pro Quo in Temporary Agency Work: Abolishing Restrictions and Establishing Equal Treatment—Lessons To Be Learned from European and German Labor Law?
Bernd Waas

The Principle of Proportionality in Labor Law and Its Impact on Precarious Workers
Guy Davidov

The Human Right to Livelihood: Recognizing the Right to Be Human
Kamala Sankaran

Precarious Migrant Status and Precarious Employment: The Paradox of International Rights for Migrant Workers
Judy Fudge

Human Rights for Precarious Workers: The Legislative Precariousness of Domestic Labor
Virginia Mantouvalou

New Frontiers of Regulation: Domestic Work, Working Conditions, and the Holistic Assessment of Nonstandard Work Norms
Deirdre McCann

Human Rights and the Multiple Dimensions of Precarious Work
Einat Albin

Human Rights and Labor Rights: Why Don’t the Two Tracks Meet?
Guy Mundlak


ISSUE 2

PUBLIC SECTOR COLLECTIVE BARGAINING AND THE DISTORTION OF DEMOCRACY:  DO PUBLIC SECTOR UNIONS HAVE "TOO MUCH" POWER?

Introduction

United States

A Reconsideration and Empirical Evaluation of Wellington’s and Winter’s, The Unions and the Cities
Jeffrey H. Keefe

Does Public Employee Collective Bargaining Distort Democracy?  A Perspective from the United States
Martin H. Malin

Japan

Does Public Sector Collective Bargaining Distort Democracy in Japan?
Kazutoshi Koshiro

Japan’s Collective Labor Relations Law in the Public Sector: Constitutional Conflict Between Union Rights and Democracy
Ryuichi Yamakawa

France

Does Public Sector Collective Bargaining Distort Democracy—The Case for France
Véronique Chanut and Jacques Rojot

Canada

Public Sector Industrial Relations in Canada: Does It Threaten or Sustain Democracy?
Mark Thompson and Sara Slinn

Germany

The Public Sector in the United States and Germany: Comparative Aspects in an Employment Relations Perspective
Berndt Keller

Public Sector Collective Bargaining and the Distortion of Democracy: Do Public Sector Unions Have "Too Much" Power?—The German Perspective
Jens M. Schubert

Greece

Structural, Functional, and Cultural Aspects of the Greek Public Administration and Their Effects on Public Employees’ Collective Action
Theodore N. Tsekos

Public Sector Collective Bairgaining and the Distortion of Democracy: Do Public Sector Unions Have "Too Much" Power?
Dimitrios Kremalis

Italy

Employment Relations and Union Action in the Italian Public Services—Is There a Case of Distortion of Democracy?
Lorenzo Bordogna

Public Sector Collective Bargaining and the Distortion of Democracy: The Italian Case
Adriana Topo

BOOK REVIEW

From Servants to Workers: South African Domestic Workers and the Democratic State, by Shireen Ally
reviewed by Kelly I. Pike


ISSUE 3 

Broken Paradigms:  Labor Law in the Wake of Globalization and the Economic Crisis
Michel Coutu, Martine Le Friant, and Gregor Murray

Labor Law As the Law of Economic Subordination and Resistance:  A Thought Experiment   
Harry Arthurs

With Hugo Sinzheimer and Max Weber in Mind:  The Current Crisis and the Future of Labor Law
Michel Coutu

Collective Autonomy:  Hope or Danger?
Martine Le Friant

Legislation and Labor Policy in Latin America:  Crisis, Renovation, or Restoration?
Graciela Bensusán

Employment Stability in Spanish Labor Law:  Between Regulatory Tradition and Social Reality
Inmaculada Baviera

The Reconceptualization of the Employment Relationship and Labor Rights Through Transnationality
Marie-Ange Moreau  

The Future of Workplace Health and Safety As a Fundamental Human Right
Jeffrey Hilgert


ISSUE 4

Introduction and Overview
Richard N. Block and Robert T. Simmelkjaer

Resolving Disputes over Employment Rights in Belgium
Frank Hendrickx and Sarah De Groof

ABSTRACT: This Article provides an overview of employment rights dispute resolution in Belgium. Both public (governmental) and private mechanisms are addressed. The Article starts by describing the Belgian system of social concertation. Through the overview, four developments or trends are discussed: Europeanization, the equality principle, alternative dispute resolution, and, finally, the enforcement of employment rights through criminal law.

Procedural Approaches to Resolving Employees’ Rights in France
Jean-Emmanuel Ray and Jacques Rojot

Dispute Resolution in German Employment and Labor Law
Manfred Weiss

Labor Process and Labor Alternative Dispute Resolution in the Italian System
Gina Gioia

Resolving Disputes over Employment Rights in Australia
Ron McCallum, Joellen Riley, and Andrew Stewart

ABSTRACT: As labor regulation in Australia has shifted away from reliance on conciliation and arbitration to set wages and employment conditions, industrial tribunals are increasingly being used to resolve individual grievances over employment rights, rather than collective labor disputes. We consider that development in its historical context, examining the roles, functions and composition of the main federal tribunal, the Fair Work Commission. We discuss the review of tribunal decisions by the higher courts, identifying a decisive shift against judicial deferral to specialist decision making.  Finally, we note the failure of recent efforts to promote greater use of private (nongovernmental) dispute resolution, outside the tribunal system.

The Resolution of Employment Disputes in New Zealand
Paul Roth

Systems and Procedures for Resolving Labor Disputes in Japan
Ryuichi Yamakawa

Resolving Disputes over Employment Rights in Brazil
Roberto Fragale Filho