Hart Publishing

Hart Publishing is delighted to offer members of the Employment Lawyers Association 20% discount on all of our labour law titles.

Our full selection of labour law titles, both published and forthcoming, can be seen at the following address:  http://www.bloomsburyprofessional.com/uk/Hart/Labour-Discrimination-Law/

To order with your 20% discount simply type HE6 in the voucher code field when placing your order and click ‘apply’.

Please note, the discount is only available on orders placed directly through the Hart Publishing website.

The Right to Strike in International Law
Jeffrey Vogt, Janice Bellace, Lance Compa, K D Ewing, John Hendy QC, Klaus Lörcher and Tonia Novitz

This monograph was originally developed as a direct response to the claim made by members of the ‘Employers Group’ at the 2012 International Labour Conference, namely that the right to strike is not protected in international law, and in particular by ILO Convention 87 on the right to freedom of association.

The group’s apparent aim was to sow sufficient doubt as to the existence of an internationally protected right so that governments might seek to limit or prohibit the right to strike at the national level while still claiming compliance with their international obligations. In consequence, some governments have seized on the employers’ arguments to justify new limitations on that right.

The Right to Strike in International Law not merely refutes this claim but is the only complete and exhaustive analysis on this subject. Based on deep legal research, it finds that there is simply no credible basis for the claim that the right to strike does not enjoy the protection of international law; indeed, the authors demonstrate that it has attained the status of customary international law.

Jeffrey Vogt is Rule of Law Director, Solidarity Center. Janice Bellace is Samuel A Blank Professor Emeritus of Legal Studies and Business Ethics, University of Pennsylvania, Wharton. Lance Compa is Senior Lecturer at the School of Industrial and Labor Relations, Cornell University. K D Ewing is Professor of Public Law at King’s College London. Lord Hendy QC is a barrister at Old Square Chambers, London and Honorary Professor in the Faculty of Law, University College, London. Klaus Lörcher is former Legal Adviser to the European Trade Union Confederation and former Legal Secretary of the Civil Service Tribunal of the European Union. Tonia Novitz is Professor of Labour Law at the University of Bristol.

Mar 2020   |   9781509933556   |   272pp   |   Hbk   |    RSP: £65  
Discount Price: £52
Order online at www.hartpublishing.co.uk – use the code HE6 at the checkout to get 20% off your order!

Re-Inventing Labour Law Enforcement
A Socio-Legal Analysis
Louise Munkholm

This monograph investigates current issues in labour law enforcement from a socio-legal perspective. It analyses how local Italian enforcement actors promote the protection of workers in Prato – a city that in recent decades has seen a significant influx of Chinese migrants who run small workshops as part of the local clothing industry. Many of the Chinese firms in Prato fail to live up to core labour standards, such as maximum working hours, health and safety at work and payment of social security contributions. The book analyses the strategies and practices employed by three local enforcement actors (labour inspectors, labour unionists and a new type of labour law consultant) in their efforts to assist Chinese firms in improving their level of labour law compliance.

Combining documentary, interview and observational data, the book applies theories of legal culture and legal development to address the interaction between law and society. It focuses on the operational aspects of law by asking three interrelated research questions: How do local enforcement actors promote the protection of workers in Chinese firms in Prato? Which tools are employed, and which rationalities drive the initiatives? The book thereby sheds light upon processes of legal cultural adaptation, informing ongoing international and national debates about what can actually be done to combat contemporary gaps in the protection of workers.

Louise Munkholm, PhD, is a Postdoctoral Researcher at the Department of Social Sciences and Business, Roskilde University, Denmark.

Apr 2020   |   9781509926374   |   208pp   |   Hbk   |    RSP: £65  
Discount Price: £52
Order online at http://www.hartpublishing.co.uk – use the code HE6 at the checkout to get 20% off your order!

Theorising Labour Law in a Changing World
Towards Inclusive Labour Law
Edited by Alysia Blackham, Miriam Kullmann and Ania Zbyszewska

This collection brings together perspectives from industrial relations, political economy, political theory, labour history, sociology, gender studies and regulatory theory to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of a variety of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The individual chapters speak to this theme of inclusivity in different ways and offer different suggestions for how it might be achieved. They break down the barriers between legal research and other fields, to promote fruitful and integrative conversations across disciplines. In the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from leading scholars in the field, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work.

Alysia Blackham is Associate Blackham at Melbourne Law School, University of Melbourne.
Miriam Kullmann is Assistant Professor at the Department of Private Law, WU Vienna University of Economics and Business.
Ania Zbyszewska is Assistant Professor in Law and Work, Department of Law and Legal Studies, Carleton University.

September 2019   |   9781509921553   |   304pp   |   Hardback   |    RSP: £65  
Discount Price: £52
Order online at www.hartpublishing.co.uk – use the code HE6 at the checkout to get 20% off your order!

The Right to Employee Inventions in Patent Law
Kazuhide Odaki

Although employers are required to pay compensation for employee inventions under the laws in many countries, existing legal literature has never critically examined whether such compensation actually gives employee inventors an incentive to invent as the legislature intends.

This book addresses the issue through reference to recent, large-scale surveys on the motivation of employee inventors (in Europe, the United States and Japan) and studies in social psychology and econometrics, arguing that the compensation is unlikely to boost the motivation, productivity and creativity of employee inventors, and thereby encourage the creation of inventions. It also discusses the ownership of inventions made by university researchers, giving due consideration to the need to ensure open science and their academic freedom.

Challenging popular assumptions, this book provides a solution to a critical issue by arguing that compensation for employee inventions should not be made mandatory regardless of jurisdiction because there is no legitimate reason to require employers to pay it. This means that patent law does not need to give employee inventors an ‘incentive to invent’ separately from the ‘incentive to innovate’ which is already given to employers.

Kazuhide Odaki has a PhD in Law from the University of Manchester.

October 2018   |   9781509920310   |   232pp   |   Hardback   |    RSP: £55
Discount Price: £44
Order online at www.hartpublishing.co.uk – use the code HE6 at the checkout to get 20% off your order