Judy Fudge

• University of Kent

In this book, leading international thinkers take up the demanding challenge to rethink our understanding of social justice at work and our means for achieving it – at a time when global forces are tearing the familiar fabric of our working lives and the laws regulating them. The authoritative commentators examine the lessons revealed by the pandem...

Les auteurs résument les grandes conclusions de la recherche sur la relation entre droit du travail et genre. Ils distinguent différentes fonctions de la législation: créer des institutions du marché du travail, organiser leur fonctionnement, remédier à leurs effets pervers, les faire évoluer. Deux modèles, partiellement définis par le droit (et ax...

Tras estudiar el consenso bibliográfico sobre la interacción de la legislación laboral con el género, se distinguen las siguientes funciones del ordenamiento jurídico: constituir las instituciones del mercado laboral, sostenerlas, corregir sus resultados indeseados y transformarlas. La relación de trabajo típica y las instituciones del empleo forma...

Résumé Ce numéro du centenaire propose un choix d'articles sur le droit du travail publiés dans la Revue internationale du Travail au cours d'un siècle d'existence. Cette sélection fait apparaître deux axes dans le discours et les débats. Le premier est celui de l'évolution au fil du temps de la pensée sur la substance et la portée du droit du trav...

Resumen Este número monográfico contiene una selección de artículos sobre derecho del trabajo publicados en la Revista Internacional del Trabajo (RIT) en sus 100 años de historia. Se han elegido por su contribución a dos líneas de debate y discurso. La primera se refiere a la evolución de las ideas sobre el alcance y la esencia del derecho del trab...

This Centenary Issue presents a selection of the articles on labour law that were published in the International Labour Review (ILR) during its first 100 years. The articles were chosen for their contribution to two tracks of debate and discourse. The first concerns a progression of ideas over time with respect to the scope and substance of labour...

The article captures the shared understanding about labour law’s interaction with gender, distinguishing between law’s different functions – constituting labour market institutions, sustaining them, addressing unwarranted outcomes and transforming the institutions. Constituted, in part, by law, the standard employment relationship and the instituti...

This chapter compares the historical development and use of criminal law at work in the United Kingdom and in Ontario, Canada. Specifically, it considers the use of the criminal law both in the master and servant regime as an instrument for disciplining the workforce and in factory legislation for protecting workers from unhealthy and unsafe workin...

Disputes over the meaning of human trafficking, forced labour and modern slavery have both provoked and coincided with a reinvigorated debate in academic and policy literatures about how to conceptualise unfree labour. This article traces the contours of the debate over free and unfree labour, identifying its key stakes as the debate has developed...

Upgrading low‐waged and insecure work is central to contemporary labour and development initiatives, from the UN Sustainable Development Goals to the United Kingdom ‘Taylor Review’. The International Labour Organization’s notion of unacceptable forms of work (UFW) is a crucial contribution. Yet the regulatory frameworks that can effectively address...

Why do employers in specific sectors significantly use migrant workers? Using temporary migrant work in the Australian food services sector as a case-study, this paper argues that employers' demand for migrant workers is shaped by two forms of social regulation: the immigration controls that create a supply of different kinds of migrant workers and...

Treating the United Kingdom’s Modern Slavery Act as its focus, this article examines what the legal characterization of labour unfreedom reveals about the underlying conception of the labour market that informs contemporary approaches to labour law in the United Kingdom. It discusses how unfree labour is conceptualized within two key literatures –...

Résumé À l'approche de son centenaire, l'OIT a inclus la lutte contre les formes de travail inacceptables parmi les «domaines de première importance» devant guider son action. Cependant, pour les auteures, ces modalités particulières, leurs causes, leurs dimensions et leurs manifestations appellent encore une analyse exhaustive. Elles s'attaquent d...

Resumen Las formas inaceptables de trabajo (FIT) son una de las «esferas de importancia decisiva» que la OIT se ha fijado de cara a su centenario. Hacía falta pues un estudio exhaustivo de sus dimensiones, causas o manifestaciones, que las autoras presentan aquí. En primer lugar, se examinan varios conceptos fundamentales sobre el trabajo contempor...

In the decades following the globalization of the world economy, trafficking, forced labor and modern slavery have emerged as significant global problems. States negotiated the Palermo Protocol in 2000 under which they agreed to criminalize trafficking, primarily understood as an issue of serious organized crime. Sixteen years later, leading academ...

This article addresses two questions about the standard employment relationship that have become prominent in labour law literature: Does it exacerbate inequality? Is its decline inevitable? The focus is on the second question and emphasizes the extent to which the standard employment relationship was both embedded in, and the outcome of, an instit...

This article examines one subsector-food services-in order to explore the symbiotic relationship between migration controls and labor market regulation with the goal of illustrating how labor market institutions in a specific sector shape government responses to employers' demand for migrant labor. Specifically, we focus on the demand for migrant l...

The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditi...

Unacceptable forms of work (UFW) have been identified as an Area of Critical Importance for the ILO as it approaches its centenary. Yet there is presently no comprehensive elaboration of the dimensions, causes or manifestations of UFW. This article reports on a research project that has proposed such a framework. The article first investigates and...

Aims A large amount of freely available online information is available to health care professionals undertaking Paediatric Emergency Medicine (PEM) placements. These websites, blogs and podcasts, often referred to as Free Open Access Medical Education (FOAMed), are rarely matched to any particular curriculum. Our newly developed EM3 website is tai...

Why are unions in Canada and the European Union going to court to claim that the rights to bargain collectively and to strike are fundamental human rights and thus constitutionally protected? My approach to this question is socio-legal; I am interested in what this form of claims making reveals about how political power is legitimated in the contem...

Despite the fact that the Millennium Development Goals promised to achieve gender equality and maternal health by 2015, equality remains elusive for too many women. Indeed, austerity, the rise of fundamentalism and the continuing gendered division of labour, especially when it comes to socially necessary but unremunerated care work, have contribute...

The Seasonal Workers Directive combines immigration law, which regulates entry and stay in a territory, with labour law, which governs the rights of workers. The different interests and expertise of the various eu institutions involved in the Directive’s drafting and adoption exacerbated the tension between these two legal fields. In turn, this ten...

Fears of a ‘race to the bottom’ in labour standards may have been overstated. Nevertheless, using Sweden as a case study, it is argued that the diminished capacity of trade unions to defend labour standards following the Laval judgement of the European Court of Justice, together with a decline in trade union density, a limited remit of enforcement...

Drawing on feminist labour law and political economy literature, I argue that it is crucial to interrogate the personal and territorial scope of labour. After discussing the “commodification” of care, global care chains, and body work, I claim that the territorial scope of labour law must be expanded beyond that nation state to include transnationa...

Migrant workers claims for greater protection in a globalized world are typically expressed either in the idiom of international human rights or citizenship. Instead of contrasting these two normative frames, the paper explores the extent to which human rights and citizenship discourses intersect when it comes to claims by migrant workers. An analy...

Unfree labor has not disappeared from advanced capitalist economies. In this sense the debates among and between Marxist and orthodox economic historians about the incompatibility of capitalism and unfree labor are moot: the International Labour Organisation has identified forced, coerced, and unfree labor as a contemporary issue of global concern....

In Canada the entrenchment of the Charter of Rights and Freedoms generated a good deal of debate about the possibility of using law in the struggle for social transformation. Although couched in general terms, the current debate is ultimately about the possibility of asserting liberal democratic legal rights in courts in order to transform existing...

A Review of Canadian Feminism and the Law: The Women's Legal Education and Action Fund and the Pursuit of Equality by Sherene Razack, (1991) Toronto: Second Story Press, 189 pp. © 1992, Canadian Law and Society Association. All rights reserved.

Any attempt at a historical overview inevitably involves contentious choices, including those of focus, the analytic lens to deploy, and the themes that structure the narrative. The first and most controversial choice that we have made is that of focus. Our topic is the legal regulation of employment in 20th-century Canada. Despite the fact that du...

The rigid divide between a standard employment contract and other work relations has always presented particular difficulties for women. There is a fundamental mismatch between the binary divide that is inscribed in law and many women’s experience, in which the boundaries between paid and unpaid work, between public and private, and between the lab...

Books reviewed in this issue. A right to care? Unpaid care work in European employment law. Por Nicole BUSBY. Gender, law and justice in a global market. Por Ann STEWART.

Books reviewed in this issue. A right to care? Unpaid care work in European employment law. Par Nicole Busby. Gender, law and justice in a global market. Par Ann Stewart.

This paper focuses on two examples – first, the imposition of tariffs on tires made in China and exported to the United States, which culminated in a decision of World Trade Organization’s (WTO) appellate body to uphold the US tariffs, and, second, the development of the European law, especially the decisions of the Court of Justice of the European...

The scope of labour rights that are protected by constitutional protections of freedom of association is highly contested and, increasingly, is being litigated before courts. In Canada, the Supreme Court began in 2001 to chip away at jurisprudence that provided a narrow interpretation of freedom of association, and, in 2007, it over-ruled precedent...

This chapter considers the relationship between women's equality, care work, and sustainable development, and develops a conceptual framework that can be used to understand this complex relationship. The chapter is organized as follows. The second section briefly reviews the relationship between sustainable development, which includes the Internati...

This book examines the multi-faceted ways in which labour standards can play a role in the achievement of development. A variety of critical perspectives are presented here, with contributions from a number of different disciplines, including law, politics, and economics. The book begins by considering potential theoretical connections between work...

Many civil society organizations and advocacy groups consider international human rights norms to offer a more promising avenue for protecting migrant workers from precarious employment than do claims based upon citizenship and the nation state. However, there is little research on how international right instruments specifically designed to protec...

ALBERTA NURSES V. A CONTEMPTUOUS SUPREME COURT OF CANADA

Transnational migrant domestic workers who perform work on a live-in basis in Canadian homes cross a number of jurisdictional boundaries – between different nation states, different areas of law, and different levels of government within a nation. This “transgression” makes it difficult to govern these workers in a manner that provides decent work....

In this chapter, I use the metaphor of maps, emphasizing the structural choices that a cartographer must make in drawing a map, in order to evaluate the new map that Brian Langille has drawn for international labour law. I begin by identifying and discussing the significance of a map’s key structural features. My aim is to show how the selection of...

In this chapter I examine a central component of working-time regimes – the legal regulation of daily and weekly hours of paid employment – and how the Canadian federal working-time regime reinforces a gendered division of paid and unpaid labour and contributes to increased stress experienced by working mothers in particular. I begin by introducing...

The distinction between employees and independent contractors is crucial in determining the scope of application of labour and employment legislation in Canada, since the self-employed are, for the most part, treated as entrepreneurs who do not require the statutory protections accorded to employees. Yet statistics indicate that most self-employed...

This chapter begins by recontextualizing and re-interpreting the dominant story of labour law in order to offer a different account, one that treats labour as a ‘fictive commodity.’ After historicizing labour law’s narrative, the chapter reviews one of the major contemporary contenders to replace it, an account that sees the function of labour law...

Should the law support union recognition by employers? If so, what form should this legal support take? These are the questions that Alan Bogg addresses in his excellent monograph, The Democratic Aspects of Trade Union Recognition. His focus is New Labour's 1999 statutory recognition procedure for trade unions, which he situates within the historic...

In Health Services and Support – Facilities Subsector Bargaining Association v. British Columbia, (2007) 2 S.C.R. 391, the Supreme Court of Canada overturned precedent and concluded “that the grounds advanced in the earlier decisions for the exclusion of collective bargaining from the Charter’s protection of freedom of association do not withstand...

In the B.C. Health Services Subsector case [2007] 2 S.C.R. 391, the Supreme Court Canada relied, in part, on the history of Canadian labour law to support the conclusion that collective bargaining was an activity that was protected under the freedom of association guaranteed by the Canadian Charter of Rights and Freedoms. Thus, it is likely that th...

This paper explores the relationship between the related processes of constitutionalizing market freedoms and labor rights in the Europe Union by combining Stephen Gill’s notion of new constitutionalism with Karl Polanyi’s idea of the “double movement.” Its specific focus is the role of the courts in constitutionalizing labor rights., and it discus...

In Health Services and Support – Facilities Subsector Bargaining Association v. British Columbia, [2007] 2 S.C.R. 391, the Supreme Court of Canada overturned precedent and concluded “that the grounds advanced in the earlier decisions for the exclusion of collective bargaining from the Charter’s protection of freedom of association do not withstand...

How to measure justice is a focus of both Nancy Fraser’s monograph, Scales of Justice: Reimaging Political Space in a Globalizing World and Linda C. McClain and Joanna L. Grossman’s edited collection, Gender Equality: Dimensions of Women’s Equal Citizenship. While both books explore the broad theme of justice and citizenship in a globalizing world,...

The general hostility of courts towards workers’ collective action is well documented, but even against that standard the restrictive approach of the British Columbia Court of Appeal stands out. Although this trend first became apparent in a series of cases before World War II in which the court treated peaceful picketing as unlawful and narrowly i...

This article focuses on the legal regime that regulates the entry and exit of low-skilled temporary foreign and these workers’ rights and terms and conditions of employment while in Canada. We have chosen to study this program because little has been written on it and it is an example of the international trend towards a proliferation of temporary...

Lindsey McMaster provides a lively account of how the working girl was "imagined, represented, and constructed as a figure within the cultural narratives of Canada, the West, and the empire" during the period of rapid economic growth and profound social transformation from the late 1800s to the early 1920s. She examines a range of different types o...

This article has three goals. First, it attempts to understand how the Supreme Court conceptualizes the constitutionally protected right to bargain collectively in the Health Services and Support - Facilities Subsector Bargaining Association v. British Columbia, 2007 SCC 27. It concludes that the Court has adopted a purely formal or procedural appr...

In June 2007, the Supreme Court of Canada expressly overruled 20 years of jurisprudence that interpreted the freedom of association as excluding collective bargaining. This about-face by the Supreme Court was unexpected. What gave rise to this remarkable decision and what does it portend for the role of the courts in labour relations in Canada and...

In June 2007, the Supreme Court of Canada expressly overruled twenty years of jurisprudence that interpreted the freedom of association as excluding collective bargaining. This about face by the Supreme Court was unexpected. What gave rise to this remarkable decision and what does it portend for the role of the courts in labour relations in Canada...

This research report for the Federal Labour Standards Review Commission examines the legislation regulating working time in the federal jurisdiction in Canada and uses the available empirical evidence to assess the legislation's ability to promote flexibility and work-life balance. It also compares the federal legislation with how other jurisdictio...

This article diagnoses the conceptual and normative crisis of the scope of labour protection as resulting from conceiving of employment as a personal and bilateral contract between an employee and a unitary employer that is characterized by the employee's subordination. It argues that the related fragmentation of organizations and fragmentation of...

This paper explores the emergence of the new discourse of labour and social rights in the world of work and focuses in particular on how this discourse is being used in the European Union and the ILO. The new normative language responds to the need to re-institutionalize the employment relationship in light of economic restructuring, the breakdown...

This article examines the legacy of the 1909 House of Lords decision in Addis in both Canada and the UK by closely analysing a key case from each jurisdiction: Wallace v United Grain Growers and Johnson v Unisys. It underlines the continuing strong tendency to treat wrongful dismissal solely as breach of the notice term and considers the remedial c...

This article seeks to discover why constitutionally guaranteed equality rights have had a limited redistributive impact in Canada. It begins by reviewing different conceptions of equality, identifying the conception that is dominant within file Supreme Court's jurisprudence, and illustrating how this conception is not conducive to redistribution. I...

Over a million self-employed Canadians work every day but many of them not entitled to the basic labour protections and rights such as minimum wages, maternity and parental leaves and benefits, pay equity, a safe and healthy working environment, and access to collective bargaining. The authors of Self-Employed Workers Organize offer a multi-discipl...

This paper begins by examining the stereotype of self-employment and how it is distinguished from employment in order to develop a more complex and accurate typology of subordination and autonomy in employment relationships. The next section turns to the ILO, and traces its approach to self-employment. Since 1990, the ILO has attempted to fashion a...

This paper focuses on how and where the legal boundaries of the employer are drawn for the purposes of ascribing responsibility for employment-related obligations owed to precarious workers, and does so from two perspectives. The first is conceptual and general and the second is empirical and specific, and it is designed to illustrate the failure o...

This paper sketches the rise and fall of industrial citizenship in Canada, and presents two very different models of citizenship that might replace it. It begins by defining the concept citizenship, and explaining how industrial citizenship has conventionally been understood. It then traces the genealogy of industrial citizenship in Canadian labour...

The Human Rights Act 1998 of the United Kingdom is the latest in a wave of legislative and constitutional instruments that have been passed in a number of countries (including Canada, New Zealand and South Africa) and which put human rights at the top of the public law agenda. For the most part, these instruments are widely welcomed by senior judge...

Taking the breakdown of the standard employment relationship (SER), which has been the lynchpin of labour market regulation in Canada since the Second World War, and the feminization of employment as its starting points, this article examines policy options for reregulating the Canadian labour market. It is divided into three parts. The first ident...

Using gender as its analytic lens, this article examines segmentation in the Canadian labour market by focusing on the standard employment relationship. It illustrates how standard employment was crafted upon a speii gender division of paid and unpaid labour, the male breadwinner norm, and was only available to a narrow segment of workers. To this...

In 1947, Bora Laskin, the doyen of Canadian collective bargaining law, remarked that "Labour relations as a matter for legal study...has outgrown any confinement to a section of the law of torts or to a corner of the criminal law. Similarly, and from another standpoint, it has burst the narrow bounds of master and servant." That standpoint was libe...