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Author: John Howe
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The former Federal Coalition Government's industrial relations reforms restricted the capacity of state governments to make labour law, inspiring them to consider more innovative ways of regulating labour standards in the private sector including through greater use of public procurement. This article presents a case study of a program in which an Australian state government has sought to use its purchasing power to regulate labour standards in the cleaning industry. The authors assess this program against a model of responsive regulation. They suggest that there is potential to extend this model to other areas of government procurement.
Author: John Howe
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
The former Federal Coalition Government's industrial relations reforms restricted the capacity of state governments to make labour law, inspiring them to consider more innovative ways of regulating labour standards in the private sector including through greater use of public procurement. This article presents a case study of a program in which an Australian state government has sought to use its purchasing power to regulate labour standards in the cleaning industry. The authors assess this program against a model of responsive regulation. They suggest that there is potential to extend this model to other areas of government procurement.
Author: John Howe
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
This chapter examines the potential of government procurement as a mechanism for improving job quality and alleviating poverty and proposes ways in which these mechanisms can be strengthened so as to make them more effective. The promotion of higher labour standards through government procurement is a 'soft' law mechanism that may appeal to governments at a time when economic globalization has, among other things, reduced the political willingness and ability of governments to safeguard the welfare of workers and communities through the maintenance of conventional labour law systems. In many developed economies, governments have reduced their traditional legal protection of labour rights and standards. Many developing countries maintain strong labour laws 'on paper' but lack resources, adequate institutional frameworks and, at times, the will to properly enforce labour standards. This chapter assumes, however, that governments have a crucial role to play in promoting and enforcing labour standards. The difficulties of enforcement and the high disincentives to compliance with labour laws for businesses mean that governments must find innovative ways to create inducements for more widespread compliance with labour standards. It is the contention of this chapter that promotion of existing labour standards or higher than existing legal standards through government procurement may be effective because it is responsive to existing power and resource distribution among economic and social actors (Ayres and Braithwaite, 1992; Teubner, 1983).
Author: Albert Sánchez Graells
Publisher: Bloomsbury Publishing
ISBN: 1509912819
Category : Law
Languages : en
Pages : 311
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Book Description
Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Rüffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.
Author: International Labour Office
Publisher: International Labour Organization
ISBN: 9789221194842
Category : Labor contract
Languages : en
Pages : 160
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Book Description
Author: Olga Martin-Ortega
Publisher: Edward Elgar Publishing
ISBN: 1802205519
Category : Law
Languages : en
Pages : 285
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Book Description
This innovative book addresses the links between sustainability and human rights in the context of infrastructure projects and uncovers the human rights gap in every stage of public procurement processes to deliver on infrastructure assets or services.
Author: Albert Sanchez-Graells
Publisher: Hart Publishing
ISBN: 9781509939503
Category : Law
Languages : en
Pages : 312
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Book Description
Smart procurement aims to leverage public buying power in pursuit of social, environmental and innovation goals. Socially-orientated smart procurement has been a controversial issue under EU law. The extent to which the Court of Justice (ECJ) has supported or rather constrained its development has been intensely debated by academics and practitioners alike. After the slow development of a seemingly permissive approach, the ECJ case law reached an apparent turning point a decade ago in the often criticised judgments in Rüffert and Laval, which left a number of open questions. The more recent judgments in Bundesdruckerei and RegioPost have furthered the ECJ case law on socially orientated smart procurement and aimed to clarify the limits within which Member States can use it to enforce labour standards. This case law opens up additional possibilities, but it also creates legal uncertainty concerning the interaction of the EU rules on the posting of workers, public procurement and fundamental internal market freedoms. These developments have been magnified by the reform of the EU public procurement rules in 2014. This book assesses the limits that the revised EU rules and the more recent ECJ case law impose on socially-orientated smart procurement and, more generally, critically reflects on potential future developments in this area of intersection of several strands of EU economic law.
Author: William Breen Creighton
Publisher: Routledge
ISBN: 0415529271
Category : Business & Economics
Languages : en
Pages : 362
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Book Description
This book examines countries that have tried, with varying degrees of success, to use legislative strategies to encourage and support collective bargaining, including Australia’s Fair Work Act. It is the first major study of the operation and impact of the new collective bargaining framework introduced under the Fair Work Act, combining theoretical and practical perspectives. In addition, a number of comparative pieces provide rich insights into the Australian legislation’s adaptation of concepts from overseas collective bargaining systems – including good faith bargaining, and majority employee support as the basis for establishing bargaining rights. Contributors to this volume are all leading labor law, industrial relations, and human resource management scholars from Australia, and from Britain, Canada, New Zealand and the United States.
Author: Cynthia Forson
Publisher: Edward Elgar Publishing
ISBN: 1800886608
Category : Social Science
Languages : en
Pages : 593
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Book Description
This multidisciplinary, international Research Handbook on Inequalities and Work examines disparities within contemporary working life and comes at a critical juncture of socio-historical change. As the world reels from the impact of economic insecurity, the pandemic, the Black Lives Matter and #MeToo movements, the trans liberation fight, the climate crisis and the rise of Artificial Intelligence, systemic inequalities and their impacts have been thrust into the limelight alongside the ceaseless struggle for social justice. Against this background, the Handbook provides cutting edge research studies that offers unique insight into the international nature of inequalities at work.
Author: S.N. Nyeck
Publisher: Taylor & Francis
ISBN: 1000915972
Category : Law
Languages : en
Pages : 146
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Book Description
Taking up the concept of vulnerability, this book examines the gendered impact of market-based procurement practices. In recent years, ideological shifts and real managerial constraints have forced states everywhere to rely on private resources to solve public problems. Focusing on instances where the state retains ownership of assets and rights, even if it temporarily devolves its authority to a private entity (profit or non-profit), this book uncovers the ways in which these private actors are not just suppliers of materials goods, but increasingly policy influencers. More specifically, the book focuses on the gendered dynamics within the law, policy, and practice of public procurement and investigates how vulnerability is conceptualized and coded in the process of public acquisition of works, goods, and services from private suppliers. In this book, a series of rich case studies from Africa, the Middle East, and Europe show how vulnerability theory can inform the design of public institutions that are more responsible and responsive to gender-informed demands for social justice. This is the first book to integrate vulnerability theory into public procurement studies in global and comparative perspectives, and it will appeal to scholars and others with interests in gendered dynamics in law and society, international development, public policy, and international political economy.
Author: Henrik Karl Nielsen
Publisher:
ISBN:
Category :
Languages : en
Pages : 8
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Book Description
