Regulating for Job Quality? Wages and Working Time Under Australian Labour Law

2013 ◽  
Author(s):  
Jill Murray ◽  
Andrew Stewart
Keyword(s):  
2020 ◽  
pp. 1-24
Author(s):  
Alex J. Wood

This introductory chapter provides an overview of flexible despotism. New economic processes are taking hold in the spaces opened up by the steady decline of collective workplace regulation. No longer is working time understood as a standard, stable eight hours, five days a week. Instead, working time is flexible, on demand, and 24/7. Consequently, many workers are increasingly employed flexibly, while others may not even have an employment contract at all, and instead be classified as self-employed—and yet have their labor controlled by a platform. Even workers with standard, full-time, permanent contracts can experience high levels of insecurity as a result of flexible scheduling within this new temporal order. As a result, the benefits and drawbacks of flexible scheduling have been widely debated. These discussions, however, have tended to focus on issues of job quality, work–life balance, and well-being. This book goes further, by drawing attention to important but under-researched issues of managerial power and workplace control. This is necessary, as it is only when one understands paid work as a power relationship that one is able to see how precarious scheduling constitutes flexible despotism—a new regime of control within the workplace.


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 147-157
Author(s):  
Jerzy Wratny

The notion and the classification of the flexible forms of employment including working time solutions and work carried out under civil law contracts have been presented in the study. The premises of the growing flexibility of employment in technological, economic and social aspects have been discussed as well. According to the opinion of the author flexibility of employment is an ambiguous fenomenon having at the same time chances and threats both. Although the role of the state and legal system is to protect workers from negative results of some solutions.


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 159-178
Author(s):  
Janusz Żołyński

Praxeological dimension of working time is undoubtedly influenced by current sociopolitical system invoking the axiology being commonly recognized values. This means that in enacting public and legal regulations the state may not isolate the employees facing exceptional hardship or even unforeseeable situations assuming the form of peculiar force majeure. Thus, both employees’ wellbeing and the welfare in general are vital. For that reason the labour law should praxeologically be a way to control real situations and the needs of working people and the society. The labour law should also praxeologically create a system of institutions reconciling social emotions in order to protect social peace which constitutes common welfare.


Author(s):  
Guy Davidov

The goal of this chapter is to assess to what extent the Capability Approach (CA) can be useful for labour law theory. It begins by asking, what is the purpose of looking for a purpose for labour law? The chapter distinguishes between legal purposes (such as purposive interpretation) and non-legal purposes (for example, defending the law against economic and libertarian critiques). It argues that, for legal purposes, there must be a ‘fit’ between the proposed normative theory and existing laws. It then distinguishes between three different strands in the literature regarding what do we want people to be capable of: whatever they want (‘substantive freedom’); specific capabilities (justified by another theory); or effective ability to enjoy labour laws (that require separate justifications). The chapter argues that the first two strands can be used to justify some specific laws—notably, workplace equality, health and safety, and working time law—but certainly not the entire field. The third strand can be used as a ‘supplementary device’ to justify specific means that will make the laws effective—but does not provide the primary justification for the laws themselves.


2020 ◽  
pp. 57-62
Author(s):  
A. A. Voronina

The article considers changes in the organization of the educational process in universities in Russia in connection with the pandemic, an attempt was made to analyze changes in the performance by university teachers of labor functions in the conditions of the transition of universities to distance learning. Peculiarities of working time regime, requirements for teachers in changed conditions, as well as a number of problematic aspects related to work in information and educational environment are considered.


2021 ◽  
Vol 10 (1) ◽  
pp. 145-155
Author(s):  
Magdolna Vallasek

The effects of the coronavirus pandemic did not leave the world of work untouched. In the new circumstances, challenges and tasks that had previously been widely debated came to the fore. Among these, we can list the issues of working time and rest time, and consequently the work–life balance or sometimes imbalance of the employees. As a result of the pandemic, some processes that have been observed in labour law for a long time have been accelerated. In our opinion, the particularity of the current situation is based on the considerable size of digitalization, the use of new technologies in work, and the widespread use of atypical labour relations, which had a major impact on the solutions that were chosen to countervail the effects of the pandemic.


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