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Full-Text Articles in Law
Migrant Workers And Fissured Workforces: Cs Wind And The Dilemmas Of Organizing Intra-Company Transfers In Canada, Eric M Tucker
Migrant Workers And Fissured Workforces: Cs Wind And The Dilemmas Of Organizing Intra-Company Transfers In Canada, Eric M Tucker
Articles & Book Chapters
Canadian temporary foreign worker programs have been proliferating in recent years. While much attention has deservedly focused on programs that target so-called low-skilled workers, such as seasonal agricultural workers and live-in caregivers, other programs have been expanding, and have recently been reorganized into the International Mobility Program (IMP). Streams within the IMP are quite diverse and there are few legal limits on their growth. One of these, intra-company transfers (ICTs), is not new, but it now extends beyond professional and managerial workers to more permeable and expansive categories. As a result, unions increasingly face the prospect of organizing workplaces where …
Labour Effects Of Corporate Groups In Canada, Eric Tucker, Abdalla Barqawi
Labour Effects Of Corporate Groups In Canada, Eric Tucker, Abdalla Barqawi
Articles & Book Chapters
In Canada, the norms of capitalist legality are deeply entrenched. As a result, businesses are generally free to structure their affairs in any way that serves their interests. One of the most foundational norms is that each corporation has a distinct legal personality. Not only does this protect shareholders and directors from personal responsibility for the corporation’s liabilities, but it also means that one corporation is not normally liable for the obligations of another corporation even though both corporations are owned and controlled by the same individuals.
Fixed-Term Contracts And Principle Of Equal Treatment In Canada, Eric M Tucker, Alec Stromdahl
Fixed-Term Contracts And Principle Of Equal Treatment In Canada, Eric M Tucker, Alec Stromdahl
Articles & Book Chapters
Canada is best characterized as a liberal market economy which lightly regulates employment relations and, in particular, the duration of employment contracts.1 As such, many of the kinds of protections that might be found in other countries included in this dossier are not present in Canada. There are, however, a few older statutory provisions that limit the length of fixed-term contracts and impose formalities for their creation because of a concern about the creation of disguised forms of unfree labour. There is also a small body of common law that reflects a preference for contracts of indefinite hiring over fixed …
On Writing Labour Law History: A Reconnaissance, Eric M Tucker
On Writing Labour Law History: A Reconnaissance, Eric M Tucker
Articles & Book Chapters
Labour law historians rarely write about the theoretical and methodological foundations of their discipline. In response to this state of affairs, this article adopts a reconnaissance strategy, which eschews any pretense at providing a synthesis or authoritative conclusions, but rather hopes to open up questions and paths of inquiry that may encourage others to also reflect on a neglected area of scholarship. It begins by documenting and reflecting on the implications of the fact that labour law history sits at the margins of many other disciplines, including labour history, legal history, labour law, industrial relations and law and society, but …