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Enhancing Capabilities through Labour Law

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Release : 2014-03-26
Genre : Business & Economics
Kind : eBook
Book Rating : 672/5 ( reviews)

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Book Synopsis Enhancing Capabilities through Labour Law by : Supriya Routh

Download or read book Enhancing Capabilities through Labour Law written by Supriya Routh. This book was released on 2014-03-26. Available in PDF, EPUB and Kindle. Book excerpt: In 2002 the International Labour Organization issued a report titled ‘Decent work and the informal economy’ in which it stressed the need to ensure appropriate employment and income, rights at work, and effective social protection in informal economic activities. Such a call by the ILO is urgent in the context of countries such as India, where the majority of workers are engaged in informal economic activities, and where expansion of informal economic activities is coupled with deteriorating working conditions and living standards. This book explores the informal economic activity of India as a case study to examine typical requirements in the work-lives of informal workers, and to develop a means to institutionalise the promotion of these requirements through labour law. Drawing upon Amartya Sen’s theoretical outlook, the book considers whether a capability approach to human development may be able to promote recognition and work-life conditions of a specific category of informal workers in India by integrating specific informal workers within a social dialogue framework along with a range of other social partners including state and non-state institutions. While examining the viability of a human development based labour law in an Indian context, the book also indicates how the proposals put forth in the book may be relevant for informal workers in other developing countries. This research monograph will be of great interest to scholars of labour law, informal work and workers, law and development, social justice, and labour studies.

The Capability Approach to Labour Law

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Release : 2019-04-04
Genre : Law
Kind : eBook
Book Rating : 101/5 ( reviews)

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Book Synopsis The Capability Approach to Labour Law by : Brian Langille

Download or read book The Capability Approach to Labour Law written by Brian Langille. This book was released on 2019-04-04. Available in PDF, EPUB and Kindle. Book excerpt: Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.

Informal Workers in India

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Author :
Release : 2013
Genre :
Kind : eBook
Book Rating : /5 ( reviews)

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Book Synopsis Informal Workers in India by : Supriya Routh

Download or read book Informal Workers in India written by Supriya Routh. This book was released on 2013. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of India provides the basis of labour jurisprudence in the country. It promises right to work, right to livelihood, right against forced labour, right against child labour, equal treatment of all workers, equal pay for equal work, appropriate conditions at work, and the overall social, economic and political justice to the people. These constitutional promises find specific expression in the numerous labour-related statutes enacted in furtherance of workers' welfare. However, the constitutional promises remain unrealized for the approximately 92% of informal workers who are largely excluded from the purview of the labour laws and accordingly, lead marginalized and precarious lives devoid of dignity. Against this backdrop, I analyze whether a capabilities-inspired approach to labour law can address the concerns of informal workers in India and promote their dignified life. After reviewing the literature around informal economic activities, I argue that it is important to adopt a worker-centered approach that focuses on informal employment. Informal employment is varied and because of this the problems and concerns associated with the different categories of informal workers differ. For this reason, I focus on one specific category of informal activity--waste-picking--in one city--Kolkata--in order to ascertain whether a human development approach to labour law is capable of addressing the specific concerns of these waste-pickers. Drawing on the work of labour law scholars who develop the capability approach formulated by Amartya Sen, I consider whether it is suitable as a basis for labour law designed for informal workers in general and waste-pickers in particular. Using a case study of the informal activity of waste picking in Kolkata, I identify the specific capability deprivations suffered by waste-pickers and argue that the capabilities approach can supplement the International Labour Organization's social dialogue pillar of its Decent Work Agenda to address the work-related concerns of waste-pickers. Based on the International Labour Organization's social dialogue strategy, I envisage a mechanism through which waste-pickers along with other stakeholders could be integrated in a democratic dialogue process leading to the formulation of a capability-promoting labour law.

The Capability Approach to Labour Law

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Author :
Release : 2019-04-04
Genre : Law
Kind : eBook
Book Rating : 098/5 ( reviews)

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Book Synopsis The Capability Approach to Labour Law by : Brian Langille

Download or read book The Capability Approach to Labour Law written by Brian Langille. This book was released on 2019-04-04. Available in PDF, EPUB and Kindle. Book excerpt: Forty years ago Amartya Sen introduced to the world a novel approach to the idea of equality: the notion of 'basic capability' as 'a morally relevant dimension' and the claim that we should focus upon equality of basic capabilities ('a person being able to do certain basic things'). These ideas, as developed by Sen and Martha C. Nussbaum, have launched an academic armada now proceeding under the flag of the 'capability approach' (CA). While that flag has ventured far and wide and engaged many areas of inquiry, this volume of essays is the first to explore how CA might shed light upon labour law. The capabilities approach can illuminate our understanding of labour law across three dimensions. Part I looks at the nature of the basic relationship between CA and labour law-do they share common ground or disagree about what is important? Can the CA provide a normative 'foundation' for labour law? Part II goes further by examining the relationship of the CA and other well-established perspectives on labour law, including economics, history, critical theory, restorative justice, and human rights. Part III examines the possible relevance of the CA to a range of specific labour law issues, such as freedom of association, age discrimination in the workplace, trade, employment policy, and sweatshop goods.

Labour Justice

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Author :
Release : 2024-06-30
Genre : Law
Kind : eBook
Book Rating : 332/5 ( reviews)

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Book Synopsis Labour Justice by : Supriya Routh

Download or read book Labour Justice written by Supriya Routh. This book was released on 2024-06-30. Available in PDF, EPUB and Kindle. Book excerpt: Offers a novel take on the purpose of labour law and connects constitutional ideals with the objective of labour law.

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