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Osgoode Hall Law School of York University

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Labour law

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Somethings Old, Somethings New And A Lot That’S Blue: Political Economic Reflections On Worker Subordination And The Law In Contemporary Capitalism, Eric Tucker Jan 2024

Somethings Old, Somethings New And A Lot That’S Blue: Political Economic Reflections On Worker Subordination And The Law In Contemporary Capitalism, Eric Tucker

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Debates over worker subordination are central to discussions of the efficacy of protective labour and employment law whose central mission in a capitalist political economy, after all, is to reduce but not eliminate subordination. When protective labour and employment law seems to be fulfilling its mission discussions of worker subordination seem to ebb, but the topic becomes more urgent as the efficacy of the law declines. Not surprisingly, as labour law’s efficacy has been declining over the past several decades, we are in the midst of a revival of debates over worker subordination, the premise of this special issue. While …


Regulating Health And Safety In Capitalist Workplaces: History, Practices And Prospects, Eric Tucker Jan 2023

Regulating Health And Safety In Capitalist Workplaces: History, Practices And Prospects, Eric Tucker

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The chapter provides a broad overview of occupational health and safety (OHS) regulation in advanced capitalist countries with a focus on the English-speaking world. It views OHS regulation through a political economy lens in which protective legislation is enacted and implemented against the imperative of a profit-driven system of production. The chapter provide examines the historical development of OHS regulation beginning with the rise of industrial capitalism leading up to modern OHS regimes that increasing embrace mandated partial self regulation. It then considers contemporary debates over the efficacy of these regimes, focusing on the scope of self regulation, the practice …


Bargaining Sectoral Standards: Towards Canadian Fair Pay Agreement Legislation, Sara Slinn, Mark Rowlinson Jan 2022

Bargaining Sectoral Standards: Towards Canadian Fair Pay Agreement Legislation, Sara Slinn, Mark Rowlinson

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This paper considers the recently introduced New Zealand Fair Pay Agreement (FPA) sectoral bargaining framework and offers a preliminary series of ideas and proposals setting out how an FPA model for bargaining sectoral standards could work in Canada. It is intended as the beginning of a more detailed discussion on the development of an FPA regime culminating in model legislation that could be adapted to different Canadian jurisdictions. Guided by principles of accountability, integration, and inclusivity, this proposal is intended to apply to all workers in an employment relationship – including dependent contractors and gig and platform workers. The proposed …