Naj Ghosheh | International Labour Organization (original) (raw)
Papers by Naj Ghosheh
International journal of employment studies, 2002
This article considers some the issues relating to the creation, implementation and definition of... more This article considers some the issues relating to the creation, implementation and definition of Council Directive 77/187/EEC (the Acquired Rights of Workers in case of Transfers of Undertakings) - usually known as the Transfer of Undertakings Directive. It is argued that the drafting of the Directive was subject to many imperfections as a legislative tool when it came into effect. It was a product of its time and the seeds of future problems that were to emerge in later years in its implementation had already been sown. A comparison is made of how industrial relations actors in Ireland, Germany and Spain have defined the Directive and how this has influenced the implementation of the Directive in those three member states. The paper explores four broad topics that the Directive was meant to address which include: what is a transfer of undertaking, business, or part of a business?; information and consultation; dismissal of workers and compensation; and sanctions for violating the ...
労働の科学 = Digest of science of labour, Jul 1, 2021
One policy tool that has begun to receive growing attention in many parts of the world is age dis... more One policy tool that has begun to receive growing attention in many parts of the world is age discrimination legislation (ADL). ADL can help address a number of concerns of both policy-makers and older workers. Its primary function is to ensure access of older workers to employment and hiring opportunities in conditions of equality with other age groups and protect the employment status and training/career development opportunities of those already employed. In addition, ADL compels employers to take into account the actual skills and ability to perform a particular job of older workers rather than using their age (or age group) as a proxy for determining whether they are suitable for the job. With regard to older workers, for whom income security can be a decisive factor in their decision to work, ADL can guarantee that existing conditions of work and employment are protected. At the same time, ADL balances older workers’ needs with employers’ concerns by providing the latter with discretion in hiring or retaining older workers so long as they can demonstrate that a legitimate business reason exists for such a decision. Thus, if ADL is properly developed and implemented, it can provide equitable solutions for all concerned.
The aim of the paper will be to suggest that while laws and institutions may exist to administer ... more The aim of the paper will be to suggest that while laws and institutions may exist to administer wage protection, there may still be barriers that require social actors to take action in order to ensure adequate wage protection is available to workers.
SSRN Electronic Journal, 2006
International Journal of Comparative Labour Law and Industrial Relations, 2009
International migration over the last forty years has been one of the fastest growing phenomena i... more International migration over the last forty years has been one of the fastest growing phenomena in the world. Many migrants have taken up informal work, such as work in households doing domestic chores and other work. Due to the informal nature of this work and the fact that it is located in the home rather than a large work space with many employees (such as a factory), the so-called 'employment relationship' does not always offer decent working conditions or ways to resolve disputes between workers and employers. After a number of high-profi le cases of abuse, governments have become more active in negotiating bilateral agreements or memoranda of understanding to address these issues for international migrant domestic workers. This paper will explore the issues and the legal tools used to provide a semblance of equity to the working relationships between international migrant domestic workers and their employers, as well as suggesting what should be done in the future.
Highlights the theoretical underpinnings of age discriminationin employment and examines how it i... more Highlights the theoretical underpinnings of age discriminationin employment and examines how it is addressed in current labour law around the world.
Excerpt] Labour legislation to address working conditions can cover an array of subjects that aff... more Excerpt] Labour legislation to address working conditions can cover an array of subjects that affect the employment relationship and workers’ well-being in the workplace. This report will focus on legislation regarding three important elements: working time (Chapter 1), maternity protection (Chapter 2), and minimum wages (Chapter 3). The material used in this study will be drawn predominantly from the ILO Working Conditions Laws Database, which was most recently updated in 2011-2012 (see Box 1 below). Given that the information in the database covers a vast amount of legal information from over 150 countries, this report will focus on selected essential provisions. The framework for presenting the national legislative information in this publication is based on the structure of the relevant ILO Conventions and Recommendations for each subject, which is meant to help provide a simple method for presentation and comparison. This report builds upon previous editions produced in 2010 an...
Offshoring and Working Conditions in Remote Work, 2010
International Journal of Comparative Labour Law and Industrial Relations, Sep 1, 2009
International Labour Review, Oct 1, 2005
Work Sharing during the Great Recession, 2013
Work Sharing during the Great Recession, 2013
Oxford Handbooks Online, 2013
Work Sharing during the Great Recession, 2013
International journal of employment studies, 2002
This article considers some the issues relating to the creation, implementation and definition of... more This article considers some the issues relating to the creation, implementation and definition of Council Directive 77/187/EEC (the Acquired Rights of Workers in case of Transfers of Undertakings) - usually known as the Transfer of Undertakings Directive. It is argued that the drafting of the Directive was subject to many imperfections as a legislative tool when it came into effect. It was a product of its time and the seeds of future problems that were to emerge in later years in its implementation had already been sown. A comparison is made of how industrial relations actors in Ireland, Germany and Spain have defined the Directive and how this has influenced the implementation of the Directive in those three member states. The paper explores four broad topics that the Directive was meant to address which include: what is a transfer of undertaking, business, or part of a business?; information and consultation; dismissal of workers and compensation; and sanctions for violating the ...
労働の科学 = Digest of science of labour, Jul 1, 2021
One policy tool that has begun to receive growing attention in many parts of the world is age dis... more One policy tool that has begun to receive growing attention in many parts of the world is age discrimination legislation (ADL). ADL can help address a number of concerns of both policy-makers and older workers. Its primary function is to ensure access of older workers to employment and hiring opportunities in conditions of equality with other age groups and protect the employment status and training/career development opportunities of those already employed. In addition, ADL compels employers to take into account the actual skills and ability to perform a particular job of older workers rather than using their age (or age group) as a proxy for determining whether they are suitable for the job. With regard to older workers, for whom income security can be a decisive factor in their decision to work, ADL can guarantee that existing conditions of work and employment are protected. At the same time, ADL balances older workers’ needs with employers’ concerns by providing the latter with discretion in hiring or retaining older workers so long as they can demonstrate that a legitimate business reason exists for such a decision. Thus, if ADL is properly developed and implemented, it can provide equitable solutions for all concerned.
The aim of the paper will be to suggest that while laws and institutions may exist to administer ... more The aim of the paper will be to suggest that while laws and institutions may exist to administer wage protection, there may still be barriers that require social actors to take action in order to ensure adequate wage protection is available to workers.
SSRN Electronic Journal, 2006
International Journal of Comparative Labour Law and Industrial Relations, 2009
International migration over the last forty years has been one of the fastest growing phenomena i... more International migration over the last forty years has been one of the fastest growing phenomena in the world. Many migrants have taken up informal work, such as work in households doing domestic chores and other work. Due to the informal nature of this work and the fact that it is located in the home rather than a large work space with many employees (such as a factory), the so-called 'employment relationship' does not always offer decent working conditions or ways to resolve disputes between workers and employers. After a number of high-profi le cases of abuse, governments have become more active in negotiating bilateral agreements or memoranda of understanding to address these issues for international migrant domestic workers. This paper will explore the issues and the legal tools used to provide a semblance of equity to the working relationships between international migrant domestic workers and their employers, as well as suggesting what should be done in the future.
Highlights the theoretical underpinnings of age discriminationin employment and examines how it i... more Highlights the theoretical underpinnings of age discriminationin employment and examines how it is addressed in current labour law around the world.
Excerpt] Labour legislation to address working conditions can cover an array of subjects that aff... more Excerpt] Labour legislation to address working conditions can cover an array of subjects that affect the employment relationship and workers’ well-being in the workplace. This report will focus on legislation regarding three important elements: working time (Chapter 1), maternity protection (Chapter 2), and minimum wages (Chapter 3). The material used in this study will be drawn predominantly from the ILO Working Conditions Laws Database, which was most recently updated in 2011-2012 (see Box 1 below). Given that the information in the database covers a vast amount of legal information from over 150 countries, this report will focus on selected essential provisions. The framework for presenting the national legislative information in this publication is based on the structure of the relevant ILO Conventions and Recommendations for each subject, which is meant to help provide a simple method for presentation and comparison. This report builds upon previous editions produced in 2010 an...
Offshoring and Working Conditions in Remote Work, 2010
International Journal of Comparative Labour Law and Industrial Relations, Sep 1, 2009
International Labour Review, Oct 1, 2005
Work Sharing during the Great Recession, 2013
Work Sharing during the Great Recession, 2013
Oxford Handbooks Online, 2013
Work Sharing during the Great Recession, 2013