5. The work–life balance legislation

2019 ◽  
pp. 366-429
Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock

This chapter addresses a number of legislative regimes creating rights that affect the balance between work and life outside of work. Specifically, the discussion focuses on the controls over working hours and rest breaks and the right to paid annual leave in the Working Time Regulations; the law on maternity, adoption, paternity, shared parental and other parental leave; and the right to request flexible working arrangements. Although not all of these rights can claim work–life balance as their original policy driver, they have come to be seen as representing a loosely coherent programme for ensuring that the process of earning a living does not preclude any worker from enjoying other aspects of life, especially family life. The chapter considers, singly, each of these work–life rights, and the policies and legislation behind them and assesses whether the law delivers effective and useful rights. Gender inequality forms a central theme of the chapter, noting that many work–life balance problems flow from unequal gender norms in the home.

Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock

This chapter addresses a number of legislative regimes creating rights that affect the balance between work and life outside of work. Specifically, the discussion focuses on rights to a guaranteed minimum wage; to rest breaks, paid leave, and a maximum 48-hour working week; to maternity, paternity, adoption, and other parental leave; and to request flexible working arrangements. Although not all of these rights can claim work–life balance as their original policy driver, they have come to be seen as representing a loosely coherent programme for ensuring that the process of earning a living does not preclude any worker from enjoying other aspects of life, especially family life. The chapter considers, singly, each of these work–life rights, and the policies and legislation behind them. Gender inequality forms a central theme of the chapter, noting that many work–life balance problems flow from unequal gender norms in the home, and that legislation should be judged according to how forthrightly it tackles these inequalities.


Author(s):  
Ian Smith ◽  
Aaron Baker ◽  
Owen Warnock

This chapter addresses a number of legislative regimes creating rights that affect the balance between work and life outside of work. Specifically, the discussion focuses on rights to a guaranteed minimum wage; to rest breaks, paid leave, and a maximum 48-hour working week; to maternity, paternity, adoption, and other parental leave; and to request flexible working arrangements. Although not all of these rights can claim work–life balance as their original policy driver, they have come to be seen as representing a loosely coherent programme for ensuring that the process of earning a living does not preclude any worker from enjoying other aspects of life, especially family life. The chapter considers, singly, each of these work–life rights, and the policies and legislation behind them. Gender inequality forms a central theme of the chapter, noting that many work–life balance problems flow from unequal gender norms in the home, and that legislation should be judged according to how forthrightly it tackles these inequalities.


2017 ◽  
Vol 71 (1) ◽  
pp. 47-72 ◽  
Author(s):  
Heejung Chung ◽  
Mariska van der Horst

This article sets out to investigate how flexitime and teleworking can help women maintain their careers after childbirth. Despite the increased number of women in the labour market in the UK, many significantly reduce their working hours or leave the labour market altogether after childbirth. Based on border and boundary management theories, we expect flexitime and teleworking can help mothers stay employed and maintain their working hours. We explore the UK case, where the right to request flexible working has been expanded quickly as a way to address work–life balance issues. The dataset used is Understanding Society (2009–2014), a large household panel survey with data on flexible work. We find some suggestive evidence that flexible working can help women stay in employment after the birth of their first child. More evidence is found that mothers using flexitime and with access to teleworking are less likely to reduce their working hours after childbirth. This contributes to our understanding of flexible working not only as a tool for work–life balance, but also as a tool to enhance and maintain individuals’ work capacities in periods of increased family demands. This has major implications for supporting mothers’ careers and enhancing gender equality in the labour market.


Author(s):  
David Cabrelli

This chapter analyses the statutory employment ‘family-friendly’ rights contained in the Employment Rights Act 1996 and the subordinate legislation which has a bearing on the work–life balance of employees, workers, and other individuals providing personal services. These include the protection of pregnant workers, and the statutory arrangements for maternity leave and maternity pay. It also examines family-friendly measures which seek to achieve a more equal division of family responsibilities between couples, such as the statutory rights to shared parental leave, paternity leave, adoption leave, and parental leave, as well as the right to request flexible working and right to take time off work to deal with dependants.


2021 ◽  
pp. 203195252110382
Author(s):  
Lisa Waddington ◽  
Mark Bell

The 2019 Work-life Balance Directive creates a new right for parents and carers to request flexible working arrangements for caring purposes. The significance of this innovation has been heightened by the pandemic because it includes the right to request remote working arrangements. This article undertakes a contextual and comparative analysis in order to understand better the strengths, limitations and opportunities created by the Directive. It compares the right to request flexible working arrangements to provisions found in existing Directives on parental leave and part-time work, as well as protections that may be derived from EU equality law. It looks also at examples of existing legislation in two jurisdictions, the Netherlands and Australia, in order to illustrate the options available to Member States when they implement this right within domestic law. The article concludes that the full potential of this right can only be understood when it is viewed as part of a wider range of legal provisions that assist in the reconciliation of work and family life.


Author(s):  
Eliška Nacházelová ◽  
◽  
Alice Reissová ◽  

The contribution of highly qualified employees, not only for multinational companies, is unquestionable. Their eventual departure often has negative economic consequences, and their replacement is usually difficult and expensive. Therefore, it is important to pay increased attention to their stabilization. This article aims to find out which of the work-life balance area benefits are more important for the stabilization of IT employees in an international automotive company (n=154). With the use of the Friedman test, it was found out that the most important benefit is flexible working hours. Based on the Kruskal-Wallis test, the evaluation of the importance of individual benefits was further verified according to basic socio-economic factors (age, gender, length of employment). The right setting of benefits will give a competitive advantage in the search for new talent and at the same time serve as an effective tool against brain drain.


2021 ◽  
Vol 46 (2) ◽  
pp. 179-202
Author(s):  
Ingrida Mačernytė-Panomariovienė ◽  
Rytis Krasauskas

Abstract There is a great deal of legislation that has been adopted by the European Union which, in one way or another, aims at ensuring equal opportunities and a good work–life balance. One specific issue in this area relates to childcare leave. In practice, providing for equal opportunities has meant enabling women to integrate into the labor market, to advance their careers, and to have more guarantees and rights at work. In reality, thus far these measures have not been effective enough. The new Directive (EU) 2019/1158 on work–life balance for parents and carers, adopted on 20 June 2019, seeks to increase the take-up of family-related leave and flexible working arrangements by men (fathers). The purpose of this article is to assess what effects this new EU directive will have upon Lithuanian law in this area.


2020 ◽  
pp. 309-346
Author(s):  
David Cabrelli

This chapter analyses the statutory employment ‘family-friendly’ rights contained in the Employment Rights Act 1996 and the subordinate legislation which has a bearing on the work–life balance of employees, workers, and other individuals providing personal services. These include the protection of pregnant workers, and the statutory arrangements for maternity leave and maternity pay. It also examines family-friendly measures which seek to achieve a more equal division of family responsibilities between couples, such as the statutory rights to shared parental leave, paternity leave, adoption leave, and parental leave, as well as the rights to request flexible working and to take time off work to deal with dependants.


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