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Full-Text Articles in Law
Worker Health And Safety Struggles: Democratic Possibilities And Constraints, Eric Tucker
Worker Health And Safety Struggles: Democratic Possibilities And Constraints, Eric Tucker
Eric M. Tucker
The central point of this article, written in 1995, was that health and safety struggles can be at the vanguard of challenges to a legal social order that tolerates poor labour standards and high levels of worker exploitation. Workers who fear their work is making them sick or subjecting them to high levels of injury and disablement know first-hand that the values of democracy, autonomy, equality and community are denied and not realized by current arrangements. By drawing on that experience and explicitly linking health and safety demands to an alternative vision of social justice, one in which workers enjoy …
Employee Or Independent Contractor?: Charting The Legal Significance Of The Distinction In Canada, Judy Fudge, Eric Tucker, Leah Vosko
Employee Or Independent Contractor?: Charting The Legal Significance Of The Distinction In Canada, Judy Fudge, Eric Tucker, Leah Vosko
Eric M. Tucker
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 people resemble employees more than entrepreneurs, in the sense that they are economically dependent on the sale of their labor and are often subject to inferior terms and conditions of work. Using four Canadian jurisdictions as a basis for this comparison, the authors demonstrate that there are wide variations in the …
Changing Boundaries Of Employment: Developing A New Platform For Labour Law, Judy Fudge, Eric Tucker, Leah Vosko
Changing Boundaries Of Employment: Developing A New Platform For Labour Law, Judy Fudge, Eric Tucker, Leah Vosko
Eric M. Tucker
In this paper, the authors consider whether the contract of employment should continue to be the central platform for delivering employment- related rights and benefits, such as access to labour standards and collective bargaining legislation. Labour market analysis has traditionally distinguished between employment and self-employment on the basis of a dichotomy between subordination and autonomy. whereas employees subordinate themselves to their employer in exchange for income and job security, the self-employed forego these benefits in order to gain autonomy and control over the means of their own production. This distinction is reflected in, and reinforced by, the boundary drawn in …
Locating Labour Law: Conflicting Perspectives And The Case Of Occupational Health And Safety, Eric Tucker
Locating Labour Law: Conflicting Perspectives And The Case Of Occupational Health And Safety, Eric Tucker
Eric M. Tucker
While the need to locate employment and labour law in its social context is now widely recognized, there is significant disagreement over the character of that social context, how law is located in it, and the way that law both shapes and is shaped by its social location. The importance of these disputes is not just theoretical because their resolution shapes the way labour law is written and implemented. Nowhere is this truer than in one particular area of labour law, occupational health and safety (OHS) regulation. This chapter argues that from its origins in the nineteenth century, OHS regulation …
And Defeat Goes On: An Assessment Of The Third Wave Of Health And Safety Regulation, Eric Tucker
And Defeat Goes On: An Assessment Of The Third Wave Of Health And Safety Regulation, Eric Tucker
Eric M. Tucker
No abstract provided.
Will The Vicious Circle Of Precariousness Be Unbroken?: The Exclusion Of Ontario Farm Workers From The Occupational Health And Safety Act, Eric Tucker
Eric M. Tucker
No abstract provided.
Precarious Employment And The Law’S Flaws: Identifying Regulatory Failure And Securing Effective Protection For Workers, Eric Tucker, Stephanie Bernstein, Katherine Lippel, Leah Vosko
Precarious Employment And The Law’S Flaws: Identifying Regulatory Failure And Securing Effective Protection For Workers, Eric Tucker, Stephanie Bernstein, Katherine Lippel, Leah Vosko
Eric M. Tucker
No abstract provided.
Labour Law And Fragmentation Before Statutory Collective Bargaining, Eric Tucker
Labour Law And Fragmentation Before Statutory Collective Bargaining, Eric Tucker
Eric M. Tucker
No abstract provided.