Labour Law / Employment
This section includes literature on labour migration / labour migrants, and on workplace surveillance. Acharya, Suman and Jyoti Koirala, 'Labour Relations In Nepal Amid the Wake of COVID-19 Outbreak' (SSRN Scholarly Paper ID 3609161, 24 May 2020) Abstract: It has been now no wonder that labours are the propeller of the physical development of the earth in the form of blue collar and white collar labour. It includes all formal, semi-formal and informal sectors. Accordingly, labour law manages and regulates the status of labour in relation with employer, employee and the society. It establishes industrial relation i.e. rights and obligations of workers and employers, working hours, wages, leaves, labour security etc. ILO sets the standard and benchmark through series of conventions, protocols and recommendations on labour matter applicable for the member country across the globe. Along with the impact of COVID -19, many labours across the globe can be dislocated and forced for layoff. In fact, layoff is not the ultimate answer if we want to revitalize the world economy. The outbreak of pandemic has forced to stop labour movement. It has quite a lot contracted world's economic activities. Even partial and nonpayment of remuneration to labour may further shrink effective demand in market which can be adverse to the whole economic transactions.
Albiston, Catherine and Catherine Fisk, 'Precarious Work and Precarious Welfare: How the Pandemic Reveals Fundamental Flaws of the U.S. Social Safety Net' (2020) 42(2) Berkeley Journal of Employment and Labor Law (forthcoming) Abstract: Almost all forms of social insurance in the United States are tied to employment, or to family ties to an employee. The employment link to social insurance has proved to be a catastrophe during the COVID-19 pandemic and the resulting economic downturn. Yet, however untenable it is in the modern economy and however much it exacerbates inequality, the employment link to social insurance is an institutional design choice that stems from a series of political compromises that were made when the Social Security Act was created in 1934-35, and from the ways that firms and state governments have responded to its requirements in the years since. The systemic weaknesses exist because the interests and voices of workers were largely absent from the program design and legislative debates.The social insurance system built without the voices of workers has huge gaps even in good economic times. Only about half of unemployed workers receive unemployment insurance benefits ('UI') when they lose their jobs, and only 12 percent of part-time workers received UI. In 2018, 8.5 percent of people lacked health insurance, often because they lived in states that did not expand Medicaid and earned slightly too much to qualify for subsidized insurance, or were immigrants. In July 2020, the percentage of uninsured adults nearly doubled, to 16 percent, on account of job losses and states' failures to expand eligibility for Medicaid.In this essay, we explain how the pandemic brought into sharp focus the institutional design flaws in tying the American social welfare system to employment. In contrast to experiences in other industrialized countries both before and during the pandemic, these design flaws have magnified hardship for the least privileged members of American society and amplified inequalities of race, class, immigration status, and gender. The pandemic-induced crisis of inadequate protections prompted Congress to pass legislation to address some of these problems of policy design, but most of these reforms are both temporary and inadequate. Much legislative work remains to be done, and we explore some possibilities that Congress and the White House should consider.
Al-Fatih, Sholahuddin, Fachry Ahsany and Ahmad Faiz Alamsyah, 'Legal Protection of Labor Rights During the Coronavirus Disease 2019 (COVID-19) Pandemic' (2020) 7(2) Jurnal Pembaharuan Hukum 100-115 Abstract: Since the Coronavirus Disease 2019 (Covid-19) pandemic in Indonesia, which continues to grow and has an impact, not a few companies have gone bankrupt. Whether it's a small company, a medium-sized company or even a large corporation are affected by the Coronavirus Disease 2019 (Covid-19). This paper aims to find legal issues on labor right during Covid-19 pandemic in Indonesia. Using the normative legal research, this paper analyzess some of regulation and legal government act to protect labor right who terminated (Pemutusan Hubungan Kerja/PHK) during Covid-19 pandemic. In the end, this paper finds that the government issued two program to solve PHK and protect labor rights, namely Pre-Works Card and Cash Incentive Program (Bantuan Langsung Tunai/BLT). It actively helps employee to create a new job and continue their daily life.
Anderson, Bridget, Friedrich Poeschel and Martin Ruhs, 'Covid-19 and Systemic Resilience: Rethinking the Impacts of Migrant Workers and Labour Migration Policies' (Robert Schuman Centre for Advanced Studies Research Paper No RSCAS 2020/57, 1 September 2020) Abstract: This paper argues that concerns about the resilience of essential services require a reassessment of the impacts of migrant workers and the design of labour migration and related public policies. The Covid-19 pandemic highlighted the high share of migrants among 'key workers' who deliver essential services, notably in agriculture and food production, health services and social care. We review existing insights on the role of migrant workers in essential services, which emphasise employers' incentives as well as different national policies and institutional settings. We introduce the notion of systemic resilience to this context and outline key determinants of systemic resilience that have been identified in several disciplines but not yet applied in the field of labour migration. Given the importance of essential services, the paper argues that bolstering resilience should be a key objective for policy makers, and systemic resilience should be a criterion in impact assessments of migrant workers and in the design of labour migration and related policies. We find that this requires broader approaches to consider entire systems for the provision of essential goods and services, more attention to the medium and long run, and thinking beyond the protection of domestic workers. As an agenda for new migration research, we discuss three types of comparative analysis needed to examine the various ways in which migrant workers might affect systemic resilience.
Anderson, Gordon, 'Labour Law Under Stress: Some Thoughts on Covid-19 and the Future of the Labour Law' 45(2) New Zealand Journal of Employment Relations (advance article, published 30 October 2020) Abstract: Even before the Covid-19 crisis, academics and policy analysts were becoming aware of the cumulative impact that are increasingly placing strains on the existing regulatory design of New Zealand's labour market. These forces include decades of globlisation, increasing international migration flows, various manifestations of the digital and technological revolution, rapid growth of digital-Taylorism as a form of labour control, and perhaps the most devastating in the longer term, the potential impacts of climate change. It is increasingly recognised that these forces will have a significant long-term impact on labour markets, however, the Covid-19 crisis has shown how rapidly the world can change. This article outlines the (maybe) good, the (sometimes) bad, and then ugly of the Covid-19 pandemic and its economic consequences on New Zealand's labour relations, labour architecture, and the future of labour law.
Anggriawan, Rizaldy, 'Legal Policy for Corporate Compliance on Occupational Health and Safety During Covid-19 Pandemic in Indonesia' (2020) 5(1) Journal of Industrial Hygiene and Occupational Health 50-64 Abstract: The corporate compliance towards the legal policy notably on safety and health of workers becoming a major issue which should be highlighted by the government and entrepreneurs during Covid-19 outbreak in Indonesia. The paper aims to explore the legal framework on occupational health and safety protocols for corporate which were regulated by the government. It highlights the major regulations and policies stipulated by President, ministries, as well as local government such as Governor of DKI Jakarta. It also discovers the penalties or sanctions that will be imposed on companies which infringe the policy. The paper provides the recommendation for the development of current policy practice, in particular for corporate issues in occupational health and safety. The research method used is normative legal research. It reviewed laws, policies, and regulations which should be complied by the corporations in connection with occupational health and safety for workers during the pandemic. The paper found that the government and its subordinate bodies have generally defined an important legal and regulatory framework for the implementation of occupational safety and health for workers. In addition, several existing laws also may provide sanctions and penalties for companies that are still persistent in violating the laws and policies during the spread of the outbreak.Keyword: legal policy; occupational health and safety; corporate, covid-19
Arnow-Richman, Rachel S, 'Is There An Individual Right to Remote Work? A Private Law Analysis' (University of Florida Levin College of Law Research Paper No 20-46, 2020) Abstract: One of the gnawing legal questions of the COVID-19 pandemic is the status of remote work. Since the expiration of the first round of government shut-down orders in the summer of 2020, companies have been calling workers back to the job, prompting serious concerns about the risk of workplace transmission. As a consequence, many workers have asked to continue the remote arrangements their employers adopted when forced to close under executive orders. Some employers are acceding to these requests; others are not. This brief essay, prepared for the ABA Journal on Labor & Employment Law, considers this problem from a private law perspective. It concludes that public law offers little protection to individual employees other than those with qualifying disabilities. Companies, however, may be in breach of contract if they terminate employees who have enforceable job security rights for refusing to return to in- person work. Rather than rely on guesswork, the prudent and compassionate choice for employers is to continue temporary remote arrangements to the extent feasible.
Arnow-Richman, Rachel S, 'Temporary Termination: A Layoff Law Blueprint for the COVID Era' (University of Florida Levin College of Law Research Paper No 20-41, November 2020) Abstract: This paper, prepared for a forthcoming Washington University of Saint Louis symposium on COVID-19, responds to the pandemic-induced unemployment crisis with a strategy for addressing temporary, economic-based terminations. Workplace regulation has long neglected workers separated for economic reasons, leaving the problem to the social welfare system, which is now overwhelmed by record numbers of unemployment applicants. In prior articles, I have drawn on comparative law models to argue for laws requiring employers to provide mandatory advance notice of termination or commensurate severance pay to laid off workers. Building on that work, and drawing specifically on Canadian law, this paper argues for recognizing 'temporary separation' as a distinct legal status that confers individual rights to affected employees within the context of a comprehensive law of layoffs. Under this system, all employees terminated for economic reasons would be entitled to advance notice or its equivalent in severance pay. However, employers could suspend such obligations by classifying workers as temporarily separated. Affected individuals would retain their status as employees, obtain fast-track access to unemployment benefits, and enjoy a right to reinstatement when their jobs resume. Should the employer choose not to recall a temporarily separated worker, or if the lack of work becomes permanent, the employer would be required to fulfill its deferred severance obligation.
Arthanti, Berliana Dwi and Nabilla Dyah Eka Pramudhita, 'Law and Human Rights in Addressing Labor Problems during the Pandemic to Achieve Sustainable Development Goals' (2020) 4(2) Lex Scientia Law Review 39-54 Abstract: The labor sector, as an important element in Indonesia's economic growth, has also felt the impact of Covid-19. Rampant unemployment, layoffs, not being registered with the BPJS, violation of workers/labor rights during this pandemic have given negative signals for national economic growth. This is because of the increase in the number of unemployed will increase the poverty rate, reducing the national Gross Domestic Product. The Act Number 13 of 2003 concerning Manpower, which is actually the main milestone in the enforcement of human rights and democracy for manpower, has not been implemented optimally. The domino effect of Covid-19, which not only lowers the economy, also affects the government's achievements in Sustainable Development Goals (SDGs). Therefore, It requires synergy from all fields and real human rights enforcement to ensure the workforce, revive the economy, and achieve the SDGs targets. This normative juridical research uses secondary data through literature study and qualitative analysis. Here, the researcher will understand the importance of human rights enforcement to deal with problems in the labor sector to achieve the government's targets in the SDGs program.
'Automation, the March of the "Digital Giants" and the Future of Work Examined in Covid-19 Rapid Review' [2020] (August) Computers and Law 10-11 Abstract: Examines a rapid review by the Future of Work Commission and the Institute for the Future of Work on how working conditions might change after COVID-19, which: makes recommendations including on good work strategy, providing security to protect people's futures, and creating, protecting and measuring good work; and details five trends shaping the future of work including the accelerated adoption of technology and automation and the increased power of tech giants.
Barbieri, Teresa, Gaetano Basso and Sergio Scicchitano, 'Italian Workers at Risk During the COVID-19 Epidemic' (Bank of Italy Occasional Paper No 569, 26 June 2020) Abstract: We analyse the content of Italian occupations operating in about 600 sectors with a focus on the dimensions that expose workers to risks during the COVID-19 epidemics. We leverage detailed information from ICP, the Italian equivalent of O*Net and find that several sectors need physical proximity to operate: the workers employed in sectors whose physical proximity index is above the national average are more than 6.5 million (mostly in retail trade). Groups at risk of complications from COVID-19 (mainly male above the age of 50) work in sectors that are little exposed to physical proximity, currently under lockdown or can work remotely. The sectoral lockdowns put in place by the Italian Government in March 2020 targeted sectors who operate in physical proximity, but not those directly exposed to infections (the health industry is not subject to lockdown). Most of the workforce who can operate from home have not been put under lockdown.
Barry, Stephen, 'Data Protection Guidance on the "Return to Work Safely Protocol"' (2020) 25(6) Health & Safety Review 25-26 Abstract: Analyses the implications of Data Protection Commission (DPC) guidance on employers' obligations as data controllers as they implement the Irish Government's Return to Work Safely Protocol following the COVID-19 pandemic. Examines the DPC's recommendations on: contact tracing logs; return to work forms; temperature testing; and the legal basis for data processing.
Bassiouny, Omar and Ahmad Farghal, 'Managing COVID-19' [2020] (Summer) International Financial Law Review 49-51 Abstract: Answers questions about employers' ability to reduce pay, stop annual increases and put employees on furlough under Egyptian law in the coronavirus pandemic.
Battista, Leonardo, 'Covid-19 and Self-Employment: Emergency Measures and Unsolved Challenges' (2020) 13(1) Italian Labour Law e-Journal 85-101 Abstract: The COVID-19 pandemic is having a profound impact on the present world of work and will probably characterize any future debate regarding labour law. The crisis is throwing millions of people across the globe out of employment and high resonance is paid to European governments' emergency measures to cope with this exogenous catastrophe. Public interventions are driven to protect subordinate workers and their incomes or to support self-employed workers highly affected by lockdown measures. The emergency and temporary measures for this latter group of workers are different from Country to Country, although similar patterns can be identified, varying from the extension of social security coverage to short-term support schemes. Their effectiveness is currently under discussion, alongside some concerns about the future of self-employed workers are still pending.
Baulin, Yuriy V, Borys A Rohozhyn and Inna A Vyshnevska, 'Labour Safety of Medical Workers During the Covid-19 Pandemic: Legal Aspect' (2020) 73(12 cz 2) Wiadomosci Lekarskie 2709-2714 Abstract:
Objective: The aim: To develop an algorithm of legal support of the system that guarantees safe working conditions of medical workers at medical institutions during the COVID-19 outbreak.
Objective: The aim: To develop an algorithm of legal support of the system that guarantees safe working conditions of medical workers at medical institutions during the COVID-19 outbreak.
Materials and methods: The following materials were used in the paper: Interim Recommendations of the World Health Organization, documents of The World Medical Association, international human rights instruments, international labour protection acts, European health legislation, the decision of the European Court of Human Rights, judicial practiceand survey of 60 specialists. The following methods were used in the paper: system method, comparative method, the method of questionnaires and formal logical method. RESULTS: Results: The survey of physicians allowed to state the need to create local protocols or technological maps of the use of personal protective equipment and the development and approval of the relevant results of their use - standards to ensure safe working conditions.
Conclusions: Proposals for legal support of the system of guaranteeing safe working conditions for medical workers at the local level have been formulated. Every medical enterprise should have a system of guaranteeing safe working conditions for medical workers by: distribution of responsibilities between the heads of medical enterprises, issuing departmental and local acts on ensuring their work and acquainting medical workers with them, ensuring proper quality and quantity of personal protective equipment and, accordingly, monitoring their use and the functioning of the system of guaranteeing safe conditions.
Berg, Laurie and Bassina Farbenblum, 'As If We Weren't Humans: The Abandonment of Temporary Migrants in Australia during COVID-19' (SSRN Scholarly Paper No ID 3709527, 11 October 2020) Abstract: In March 2020, nationwide lockdowns to contain the spread of COVID-19 in Australia caused widespread job loss among temporary visa holders. This had a devastating financial impact on these workers, including international students, backpackers, graduates, sponsored workers and refugees, leaving many unable to meet their basic living needs such as food and rent. However, unlike some other similar Western countries, the Australian government excluded temporary migrants from wage subsidies and almost all other forms of financial support.This report assesses the humanitarian impact of government policies related to COVID-19 on the hundreds of thousands of temporary migrants who remained in Australia. It presents findings from a survey conducted in July 2020 of over 6,100 temporary visa holders on their experiences of financial insecurity, precarious housing and homelessness, humanitarian need, racism and social exclusion, as well as their attitudes on their time in Australia. In doing so, it seeks to establish a platform for temporary migrants to voice their experiences and establish current large-scale first-hand empirical data to inform government decision-making.
Abstract: The coronavirus pandemic has rendered visible the previously invisible labour that gets our food from farm to fork for minimal pay and at great personal risk to workers' health. From grocery clerks working on the front lines without protective equipment, to truckers denied entry to restrooms, to temporary foreign workers forced to sign liability release waivers, to disease transmission at meat processing facilities, the virus is revealing the frailties and the inequities of our food system. Although the coronavirus pandemic is unprecedented, the ways the global food supply chain has responded to the crisis were, in fact, predictable. For years, scientists and food policy experts have been warning that our food system is broken, and that policies geared towards efficiency and cheap food are exploitative of the agri-food labour force, the animals we raise and slaughter for food, and the ecosystems we inhabit. This chapter focuses on the impact of COVID-19 on labour, with particular emphasis on the meat processing industry. It also seeks to illustrate the interconnectedness of all actors across the supply chain and the need for greater compassion as we rebuild postpandemic food systems.
Bernstein, Adam, 'Claiming Back Statutory Sick Pay under Coronavirus' (2020) 44(3) Company Secretary's Review 37-38 Abstract: Advises on the eligibility requirements of the Coronavirus Statutory Sick Pay (SSP) Rebate Scheme, which opened up to claims on 26 May 2020. Notes recommendations by the Trades Union Congress in its report 'Testing and Tracing for Covid-19: How to Ensure Fair Access and Manage Monitoring in the Workplace', which suggests that the SSP is inadequate and should be increased to the equivalent of a real living wage.
Bernstein, Adam, 'Coronavirus Impacts Holiday Entitlements' (2020) 44(3) Company Secretary's Review 39-40 Abstract: Highlights employers' obligations under government guidance and the Working Time (Coronavirus) (Amendment) Regulations 2020 concerning holiday entitlement and pay for furloughed employees during the coronavirus emergency under the Job Retention Scheme.
Beylin, Ilya, 'The Ignominious Life of the Paycheck Protection Program' (SSRN Scholarly Paper ID 3661005, 6 July 2020) Abstract:The COVID-19 pandemic gravely endangers the health of millions of Americans. Private and public safety measures adopted to reduce infection, however, are also a source of existential risk. As U.S. infection rates increased in early March, 2020, unemployment and business dislocation surged. The bipartisan Coronavirus Aid, Relief, and Economic Security Act (CARES Act) represents the first and largest federal attempt to manage economic fallout from the pandemic. The Paycheck Protection Program (PPP) is a lynchpin of the CARES Act. The PPP seeks to mitigate unemployment and closures in several vulnerable sectors of the economy including among tens of millions of small businesses, not-for-profits, and self-employed individuals. The PPP has disbursed over $500 billion to these sectors, providing a lifeline to millions of employees. Nevertheless, media, lawmakers and economists have criticized the PPP for inefficiently or inequitably distributing funds. This Article is the first work of legal scholarship that explains and examines the PPP. As a case study, this Article also provides insight into the design of economic interventions and their limitations as well as how the lawmaking process generates a narrative allocating responsibility for social trauma.
Bick, Alexander, Adam Blandin and Karel Mertens, 'Work from Home after the Covid-19 Outbreak' (FRB of Dallas Working Paper No 2017, 2020) Abstract: Based on rich novel survey data on almost 5,000 working age adults, we document that 35.2 percent of the workforce worked entirely from home in May 2020, up from 8.2 percent in February 2020. Highly educated, high-income and white individuals were much more likely to shift to remote work and to maintain employment following the virus outbreak. Using available estimates of the potential number of home-based workers suggests that a large majority (71.7 percent) of U.S. workers that could work from home, effectively did so in May. We provide some evidence indicating that apart from the potential for home-based work, industry business conditions and labor demand also mattered for employment outcomes following the virus outbreak.
Blumenfeld, Stephen, Gordon Anderson and Val Hooper, 'Covid-19 and Employee Surveillance' (2020) 45(2) New Zealand Journal of Employment Relations (advance article, published 14 December 2020) Abstract: While working from home is not a new concept, the advent of the Covid-19 pandemic has, for many in the workforce, rendered it the 'new normal', concomitant with enhanced use of workplace surveillance technologies to monitor and track staff working from home. Even prior to the global pandemic, organisations were increasingly using a variety of electronic surveillance methods to monitor their employees and the places where they work, whether it be in an office building or remotely. This technology traverses various facets of the work environment, including email communications, web browsing, the use of active badges for locating and tracking employees, and the gathering of personal information by employers. The application of these technologies, nevertheless, raises privacy concerns, which are exacerbated when work is undertaken in employees' own homes, a phenomenon that has become more prevalent due to Covid-19. This article addresses the issue of electronic workplace monitoring, its implications for employees' privacy and the role of collective bargaining in addressing this emergent practice, which has also been given new impetus during the pandemic.
Bodie, Matthew and Michael McMahon, 'Employee Testing, Tracing, and Disclosure as a Response to the Coronavirus Pandemic' (2020) 64 Washington University Journal of Law and Policy (forthcoming) Abstract: As the COVID-19 pandemic continues to devastate the United States, the federal government has largely failed to implement a national program to prevent and contain the virus. As a result, many employers have undertaken their own workplace coronavirus mitigation efforts. This essay examines, in three parts, the legal framework surrounding employer systems of workplace testing, tracing, and disclosure. It first examines the legal issues surrounding employer-mandated COVID-19 testing and temperature checks, especially issues arising under the Americans with Disabilities Act (ADA) and Health Information Portability and Accountability Act (HIPAA). Regarding employer contact tracing efforts, the essay next reviews the multitude of new digital tools and applications designed to aid in contact tracing and how these may implicate various state and federal privacy laws. Finally, the essay looks into employer disclosure of employee infections, including legal ramifications under the ADA, HIPAA, and other privacy laws. Our conclusion: employer testing, tracing, and disclosure programs are legally feasible but require careful planning and execution to protect employee privacy interests.
Boggs, Kimberly et al, 'Employee Health and Welfare Benefit and Employment Considerations in the Time of COVID-19' (2020) 33(4) Benefits Law Journal 15-68 Abstract: This article sets forth health and welfare and employment pandemic- related guidance, providing a general framework for operating as a compliant employer in these challenging times. We begin by defining the terms furlough and layoff. We then address ACA, COBRA, HIPAA special enrollment, claim procedures, cafeteria plan, and HDHP/HSA compliance in responding to employee benefit issues related to the pandemic. We continue by discussing mandatory coverage of COVID-19 testing, vaccine and preventive care coverage, and special leaves under the FFCRA and the CARES Act, including guidance resulting from the recent U.S. District Court case. We conclude with the pandemic effects on employment practices, including developing a pandemic response plan, providing guidance on disability-related inquires and medical exams, the confidentiality of medical information, hiring and onboarding, employee relations, and returning to work.
Bonacini, Luca, Giovanni Gallo and Sergio Scicchitano, 'All That Glitters Is Not Gold: Effects of Working from Home on Income Inequality at the Time of COVID-19' (SSRN Scholarly Paper No ID 3597996, 8 May 2020) Abstract: The recent global COVID-19 pandemic forced most of governments in developed countries to introduce severe measures limiting people mobility freedom in order to contain the infection spread. Consequently, working from home (WFH) procedures became of great importance for a large part of employees, since they represent the only option to both continue working and keep staying home. Based on influence function regression methods, our paper explores the role of WFH attitude across labour income distribution in Italy. Results show that increasing WFH attitudes of occupations would lead to a rise of wage inequality among Italian employees. The opportunity of WFH tends to benefit male, older and high-paid employees, as well as those living in provinces more affected by the novel coronavirus.
Borelli, Silvia and Maria Chiara Vitucci, 'The Italian Response to Exploitation of Migrant Workers in the Agricultural Sector: Between Criminalization and Prevention' (2019) 29 Italian Yearbook of International Law (pre-print) Abstract: The exploitation of migrant workers in the agricultural sector in Italy remains common. This is so despite the fact that, first, Italy has ratified the vast majority of instruments dealing with serious forms of labour exploitation at the international and regional level and has adopted legislation implementing its international obligations, by creating offences which criminalize practices amounting to slavery, servitude, forced labour and exploitation of labour, and second, that the interpretation adopted by the Italian courts of the relevant concepts appears to be in line with that of international bodies. Clearly, an approach which goes beyond the criminal law and includes measures of prevention is therefore needed in order to address the phenomenon of exploitation of migrant workers at its roots. In addition to structural deficiencies in the system of labour inspections, a major factor contributing to the vulnerability of migrant workers results from Italy's immigration law and policy, which has as a result that the immigration status of many migrant workers is irregular, or at least precarious. Notwithstanding the existence of (narrow) paths for legal migration and special provisions for the regularization of victims of severe labour exploitation, the current legislation remains insufficient and ineffective in combating exploitation. Whilst recent legislation adopted to deal with the Covid-19 emergency specifically provides for the regularization of irregular agricultural workers already present in Italy, it remains an ad hoc measure which does not address the underlying systemic problems and is not a substitute for an approach to immigration control which puts the right of migrant workers not to be exploited at the core of the debate.
Brill, Lora and Beth Ambrose, 'Opportunities Abound in the New Normal' (2020) 2039 Estates Gazette 62 Abstract: Explains how the post-Covid world presents opportunities for adapting offices to support employees' health, wellbeing and productivity.
Broadbent, Jo, 'Employment Update' (2020) 212(July) Employment Law Journal_ _Abstract: Reviews employment law developments of relevance to employers, highlighting the confusion created by the Treasury's third Direction on the Coronavirus Job Retention Scheme, including provisions on furlough and notice pay. Discusses changes to the statutory sick pay rules, the updated guidance on working safely, the test and trace requirements, and consultation on departures from retained EU cases.
Brown, Elizabeth, 'Supercharged Sexism: The Triple Threat of Workplace Monitoring for Women' (SSRN Scholarly Paper ID 3680861, 1 August 2020) Abstract: As biometric monitoring becomes increasingly common in workplace wellness programs, there are three reasons to believe that women will suffer disproportionately from the data collection associated with it. First, many forms of biometric monitoring are subject to gender bias, among other potential biases, because of assumptions inherent in the design and algorithms interpreting the collected data. Second, the expansion of femtech in particular creates a gender-imbalanced data source that may feed into existing workplace biases against women unless more effective safeguards emerge. Finally, many femtech platforms encourage the kind of information sharing that may reduce women's reasonable expectations of privacy, especially with regard to fertility data, thus increasing the risk of health data privacy invasion. This triple threat to female workers may be offset somewhat by the benefits of health data collection at work and may be remedied at least in part by both legislative and non-legislative means. The current trend toward greater health data collection in the wake of COVID-19 should provoke a reexamination of how employers collect and analyze women's health data in order to reduce the impact of these new gender bias drivers.
Caldararo, Niccolo Leo, 'The End of Leisure and Retirement, COVID-19: Innovations, Jobs, Pensions, and Keynes: Guaranteed Income or Future Poverty and Redundancy?' (SSRN Scholarly Paper No ID 3574285, 12 April 2020) Abstract: The history of the support by society of the aged is discussed in cross cultural and historical context. Various cultural traditions are compared with the forms developed in complex societies from ancient Egypt and Greece and Rome, to China, the Aztec, Inca and Maya, to those of religious organizations, or those developed under different modern ideological systems like capitalism and communism as well as social democratic nations. It is found that the way a society values the aged and views their contribution to society determines largely their willingness to provide for their support. An increasing number of companies have gone bankrupt in recent years following the 2007 credit crisis and stock market collapse. More have raided their pension funds to stay afloat or have closed them and transferred liability to the federal Pension Benefit Guaranty Corporation. Major changes to federal law concerning pensions and the responsibility of corporations to fund them has made under the Pension Protection Act of 2006. World wide workers' retirement payments are under assault as are investments by pension funds due to laws governing priority of payment in different countries concerning stock holders vs bondholders and liability for pension funds. The need for retirement of some kind in the post-Covid-19 world will require new forms as well as recovery of pre-Covid-19 savings and investments. Changes in the law are proposed to increase the stability of pensions and reliability to workers of pension payments.
Calderone, Fay and Rhea Karunakar, 'Identifying Workplace Bullying as a Result of COVID-19: Duties for Employers' (2020) 25(10) Employment Law Bulletin 110-112 Abstract: With the increase in employees now working from home full time, employers need to be aware of new and additional pressures on individuals that can be significant risk factors for workplace bullying.
Capelin, Tim et al, 'Practical Guidance for Companies during the COVID-19 Pandemic' (2020) 42(3) Bulletin (Law Society of South Australia) 28 Abstract: The COVID-19 pandemic has created unprecedented challenges for businesses, who are dealing with how remain operational while ensuring the safety of their workers, while also complying with industrial law obligations and Government directives in the wake of this public health crisis. This article provides sone guidance on the most commonly asked questions with regards to employment law issues.
Chan, Hui Yun, 'Hospitals' Liabilities in Times of Pandemic: Recalibrating the Legal Obligation to Provide Personal Protective Equipment to Healthcare Workers' Liverpool Law Review (advance article, published 17 October 2020) Abstract: The Covid-19 pandemic has precipitated the global race for essential personal protective equipment in delivering critical patient care. This has created a dearth of personal protective equipment availability in some countries, which posed particular harm to frontline healthcare workers' health and safety, with undesirable consequences to public health. Substantial discussions have been devoted to the imperative of providing adequate personal protective equipment to frontline healthcare workers. The specific legal obligations of hospitals towards healthcare workers in the pandemic context have so far escaped important scrutiny. This paper endeavours to examine this overlooked aspect in the light of legal actions brought by frontline healthcare workers against their employers arising from a shortage of personal protective equipment. By analysing the potential legal liabilities of hospitals, the paper sheds light on the interlinked attributes and factors in understanding hospitals' obligations towards healthcare workers and how such duty can be justifiably recalibrated in times of pandemic.
Charbonneau, Etienne and Carey Doberstein, 'An Empirical Assessment of the Intrusiveness and Reasonableness of Emerging Work Surveillance Technologies in the Public Sector' (2020) 80(5) Public Administration Review 780-791
Abstract: As public sector work environments continue to embrace the digital governance revolution, questions of work surveillance practices and its relationship to performance management continue to evolve, but even more dramatically in the contemporary period of many public servants being forced to shift to remote work from home in response to the COVID-19 pandemic. This article presents the results of three surveys, two of them population-based survey experiments, all conducted during the onset of the COVID-19 pandemic in Canada that compare public servant (n = 346) and citizen (n = 1,008 phone; n = 2,001 web) attitudes to various cutting-edge--though no doubt controversial among some--digital surveillance tools that can be used in the public sector to monitor employee work patterns, often targeted toward remote working conditions. The findings represent data that can help governments and public service associations navigate difficult questions of reasonable privacy intrusions in an increasing digitally connected workforce. Evidence for Practice New work surveillance technologies are available to use within the public sector and will present acceptability challenges to public managers as they contemplate the introduction of these technologies. Multimodal survey data from Canada reveals that public servants and citizens find these emerging work surveillance technologies to be quite intrusive and unreasonable but show relatively more tolerance for digital surveillance over physical surveillance practices. Understanding surveillance anxieties among targeted employees will be key to finding a balance between employee privacy rights and employer desires to manage employees in a remote or digital environment.
Chatterton, Joanna and Ed Livingstone, 'Back to the Office: The Key Legal Risks and How to Avoid Them' (2020) 213(September) Employment Law Journal 25-30 Abstract: Explains how employers can manage the risks of transitioning homeworking employees back to the workplace. Considers: the choice between adopting a mandatory or voluntary return for employees who might be reluctant resume office working; Covid-secure health and safety measures; employee consultation; flexible working requests; and data protection in relation to symptoms tests and health data.
Clibborn, Stephen and Chris F Wright, 'COVID-19 and the Policy-Induced Vulnerabilities of Temporary Migrant Workers in Australia' (2020) (85) Journal of Australian Political Economy 62-70 Abstract: The COVID-19 crisis has starkly exposed the existing economic vulnerability of temporary migrants in many countries. In Australia, many temporary migrants, who were already at risk of marginalisation due to policies restricting their bargaining power and agency (Wright and Clibborn 2020), have lost their jobs and have minimal financial support due to their exclusion from public welfare.
Coetzer, Neil, 'Are Employers Obliged to Save Jobs?' (2020) 20(4) Without Prejudice 8-10 Abstract: At the time of writing, the extended period of lockdown has just commenced. The COVID-19 pandemic has already had a drastic impact on the operations of businesses and, in most cases, will lead to varying degrees of financial pain for both employers and employees. We are also told that, notwithstanding the extended lockdown of 35 days, the peak of the pandemic will only be reached by September 2020. Combating the virus will clearly require a change to the 'business as usual' approach, reimagining, for the foreseeable future, the way we work and go about our daily lives.
'Coronavirus and Employment Law: Practical Advice for Employers' [2020] (17 March) Lawyer (Online Edition) 1
'Coronavirus Emergency Law Gives Paid Leave: Federal Law Gives Payroll Tax Breaks to Offset Costs to Businesses' (2020) 256(9) Journal of the American Veterinary Medical Association 966-967 Abstract: Recently passed federal legislation gives temporary additional paid sick leave to workers for use related to the COVID-19 public health emergency. It also extends family and medical leave for workers if they are unable to work and need to care for their child because of a school closure or unavailability of child care because of the coronavirus. Exemptions apply to certain businesses, and these provisions only last until the end of the year. Tax credits will be given to employers, intended to mitigate the impacts of the expanded leave provisions.
Cox, Caitriona L, '"Healthcare Heroes": Problems with Media Focus on Heroism from Healthcare Workers during the COVID-19 Pandemic' (2020) 46(8) Journal of Medical Ethics 510-513 Abstract: During the COVID-19 pandemic, the media have repeatedly praised healthcare workers for their 'heroic' work. Although this gratitude is undoubtedly appreciated by many, we must be cautious about overuse of the term 'hero' in such discussions. The challenges currently faced by healthcare workers are substantially greater than those encountered in their normal work, and it is understandable that the language of heroism has been evoked to praise them for their actions. Yet such language can have potentially negative consequences. Here, I examine what heroism is and why it is being applied to the healthcare workers currently, before outlining some of the problems associated with the heroism narrative currently being employed by the media. Healthcare workers have a clear and limited duty to treat during the COVID-19 pandemic, which can be grounded in a broad social contract and is strongly associated with certain reciprocal duties that society has towards healthcare workers. I argue that the heroism narrative can be damaging, as it stifles meaningful discussion about what the limits of this duty to treat are. It fails to acknowledge the importance of reciprocity, and through its implication that all healthcare workers have to be heroic, it can have negative psychological effects on workers themselves. I conclude that rather than invoking the language of heroism to praise healthcare workers, we should examine, as a society, what duties healthcare workers have to work in this pandemic, and how we can support them in fulfilling these.
Crichton, Adam, 'Employment Law and COVID-19' (2020) 42(6) Bulletin (Law Society of South Australia) 26 Abstract: It has long been said that Australia has a complex system of industrial relations. While there has been considerable work done to reduce and simplify industrial awards, the process of enterprise bargaining remains complex. As such, industrial relations reform has been hovering in the background for many years. The impact of the coronavirus (COVID-19) pandemic has seemingly heightened the awareness of the complexities in the system, and potentially triggered action on reform.
Daripa, Arupo, 'India's Lockdown and the Great Exodus: Some Observations' in Monica Billio and Simone Varotto (eds), A New World Post COVID-19: Lessons for Business, the Finance Industry and Policy Makers (Ca' Foscari University Press, 2020) 291-299 Abstract: The pandemic-induced lockdown in India caused a great exodus of millions of seasonal workers from cities, an impact for which the government was completely unprepared. This essay considers the socio-economic setting of the exodus, the potential economic and epidemiological impact, policy suggestions, and evaluation of the policy (non)response of the Indian government. We consider the underlying political economy of policy distortion and suggest ways that might enable incentive compatible corrections.
Das Acevedo, Deepa, 'Essentializing Labor Before, During, and After the Coronavirus Pandemic' (SSRN Scholarly Paper ID 3666534, 3 August 2020) Abstract: In the era of COVID-19, the term 'essential labor' has become part of our daily lexicon. Between March and May, 2020, essential labor was not simply the only kind of paid labor occurring across most of the United States, it was also, many argued, the only thing preventing utter economic and humanitarian collapse. As a result of this sudden significance, legal scholars, workers' advocates, and politicians have scrambled to articulate exactly what makes essential labor 'essential.' Some commentators have also argued that the rise of essential labor as a conceptual category disrupts--or should disrupt--longstanding patterns in the way the nation regulates work. Contrary to this emerging narrative, this Article argues that essentiality is not at all new to the way we conceptualize and regulate labor in the United States. If anything, essential labor replicates and exacerbates an attitude that has always been central to American work law: the idea that work should be measured, classified, regulated, and remunerated according to how much it benefits someone other than the worker. The only thing that has changed as a result of the coronavirus pandemic is the referent in this analysis: essential to whom? Before the pandemic, the United States considered work to be essential when it was essential to the employer; during the pandemic, essential labor has come to mean tasks that are essential to society as a whole. In neither scenario is the relationship between the worker and their work at the center of legislation, adjudication, or business operations.This Article therefore offers a novel proposal: a worker-centric analysis demonstrates that, in the United States, labor is always essential to the worker. This is both legally true, in the sense that this country ties physical and financial well-being to employment status more than any other highly developed nation, and it is morally true, in that social science scholarship and human rights discourse have established the critical relationship between work and human flourishing. In light of this, the Article contends that the longstanding and idiosyncratically American concept of 'at-will' employment, whereby work relationships can be terminated upon no notice and for any reason, fails because it neglects to account for the extent to which labor is essential to workers. Relinquishing the concept of at-will employment will not by itself solve all the problems bedeviling American work law, but it is an important and necessary first step toward fixing those problems, and toward implementing the true labor and employment law lesson of COVID-19.
Das Acevedo, Deepa, 'Searching For Silver Linings During COVID-19' (SSRN Scholarly Paper ID 3568750, 4 April 2020) Abstract: This short essay responds to currently circulating suppositions about how COVID-19 will impact--specifically, will improve--working conditions in America once the pandemic has concluded. I argue that these predictions are cautiously optimistic, rationally deduced from ongoing events, and thoroughly unlikely to be realized. As world-transforming as COVID-19 has already proven to be, I show that both governmental and corporate responses to date do not support optimistic assessments as to the pandemic's effects on labor and employment law in the United States. I also respond to various analogies that have been drawn to previous world-transforming events as a way of supporting the idea that the pandemic will change working conditions in America for the better, and I show why either those analogies rely on bad history or are simply faulty in the way they compare previous events to COVID-19. The lesson--because even in these difficult times, papers by academics must have lessons--is as grim as the news about the virus itself: America's problematic labor system is far more resilient than the workers who suffer because of it.
Dastyari, Azadeh and Catherine Renshaw, 'Frontline Workers as Human Rights Defenders: Protecting the Human Rights of Frontline Workers in Australia during the COVID-19 Pandemic' [2020] (6) UNSW Law Journal Forum 1-12 Abstract: During the first months of the COVID-19 pandemic, as state and territory governments in Australia attempted to curb the spread of the coronavirus, attention was focused on a group that came, globally, to be known as 'frontline workers', which included health workers. In this article, we interrogate the construction of health workers as 'frontline workers' during the COVID-19 pandemic. We argue that this framing supported the narrative that the dangers to which health workers were exposed, which included threats to their lives and wellbeing, was an unfortunate but inevitable part of the war against the common enemy (COVID-19). The effect was to divert attention from what should have been the primary focus: ensuring that health workers had the equipment and conditions to carry out their jobs safely and effectively. We argue that an alternative and more appropriate understanding of the role of health workers during a pandemic - and the COVID-19 pandemic in particular - is that health workers are human rights defenders.
Davies, James, 'Algorithms, Bias and Employment Law' (2020) 25(10) Employment Law Bulletin 114-118 Abstract: In the summer of 2020, the use of algorithms hit the headlines in the United Kingdom (UK) after they had effectively replaced conventional school examination results for the purpose of determining whether students met the requirements for their chosen university course. As COVID-19 restrictions prevented examinations from taking place, the British education authorities turned to predictive software to calculate students' results. The resultant controversy included claims by the Shadow Attorney General in the UK, Lord Falconer, that the algorithm discriminated unlawfully. This threw the spotlight on a development that has become increasingly relevant for employers over recent years: there has been a rapid growth in the use of algorithms in employment contexts, particularly recruitment. Algorithms are now being used in interviews, for example, to assess candidates on their facial and vocal expressions. 'Chatbots' are replacing people in conducting interviews and 'textbots' are communicating with candidates by email or SMS. The use of algorithms and artificial intelligence (AI) is not only moving higher up the recruitment funnel to decisions about selection, for increasingly senior roles, but they are also being deployed on other HR matters such as redundancies, performance dismissals, promotions and reward.
Dhuru, Neha, 'Impact of COVID-19 on the Labour Force: An Overview of the Labour Laws in India and, What Lies Ahead' (SSRN Scholarly Paper No ID 3655554, 18 May 2020)
Abstract: The brief of this paper is to analyse the impact of COVID-19 on the workforce of the Indian economy. It, therefore, conceptualizes the notion of labour and probes into labour's substantive and significant role in the functioning of an economy. After reviewing the labour-centric legislations in India (pre- and post-Independence) the paper searches for the common thread that should run through the chronological varied legislations. The paper engages with the anticipated crises that COVID-19 is expected to unleash on the labour force. The paper winds up with the writer's inferences and suggestions.
Dubash, Sabrina, 'UC, SEISS Payments and Automatic Reclaims' (2020) 277 Welfare Rights Bulletin 7-8 Abstract: Discusses the Universal Credit (Coronavirus) (Self-employed Claimants and Reclaims) (Amendment) Regulations 2020 on how money paid under the Self-Employed Income Support Scheme (SEISS) should be treated for the purposes of universal credit (UC) assessment and how UC can be reclaimed.
Duff, Michael C, 'New Labor Viscerality? Work Stoppages in the "New Work," Non-Union Economy' St Louis University Public Law Review (forthcoming) Abstract: The COVID-19 work stoppages involving employees refusing to work because they are fearful of contracting coronavirus provides a dramatic opportunity for newer workplace law observers to grasp a well-established legal rule: both unionized and non-union employees possess rights to engage in work stoppages under the National Labor Relations Act. This article explains that employees engaging in concerted work stoppages, in good faith reaction to health and safety dangers, are prima facie protected from discharge. The article carefully distinguishes between Section 7 and Section 502 work stoppages. Crucially, and contrary to Section 502 work stoppages, the health and safety-related work stoppages of non-union employees, protected by Section 7, are not subject to an 'objective reasonableness' test.Having analyzed the general legal protection of non-union work stoppages, and noting that work stoppages have been on the increase during the last two years, the article considers when legal protection may be withdrawn from such concerted activities because employees repeatedly and unpredictably engage in them--so called 'unprotected intermittent strikes.' Discussing a recent NLRB decision, the article argues for an explicit and strengthened presumption of work stoppage protection for employees who are wholly unaffiliated with a union, even when those employees engage in repeated work stoppages in response to discrete workplace disputes or dangers.Next, the article grapples with looming work stoppage issues emerging from expansion of the Gig economy. When workers are not 'employees,' peaceful work stoppages may become increasingly subject to federal court injunction. The Norris-LaGuardia Act (the venerable 1932 federal anti-injunction law) does not by its terms apply to non-employees, possibly including putative non-employee Gig workers, raising the specter of a new era of 'Government by Injunction.' Under existing antitrust law, non-employee workers may be viewed as 'independent businesspeople' colluding through work stoppages to 'fix prices.' The article argues that First Amendment avoidance principles should guide Sherman Act interpretation when non-employee worker activity does not resemble price fixing; and that, consistent with liability principles articulated in the Supreme Court's recent opinion in Sessions v. Dimaya, antitrust law's severe penalties should not be applied to Gig workers given the ambiguities in federal and state law employee definitions.Finally, the article considers the potential for non-union private arbitration agreements exercising restraints on the NLRA rights of employees to engage in work stoppages in light of the Supreme Court's labor law-diminishing opinion in Epic Systems.
Duffy, Gillian, 'Prepare to Have Right on Your Side When Making Efficiency Savings' (2020) 213(September) Employment Law Journal 42-44 Abstract: Offers advice for businesses on how to maintain reputation, and protect employees, customers and values, when forced to make redundancies and pay-cuts as a result of the recession following the coronavirus pandemic.
Duman, Anil, 'Wage Losses and Inequality in Developing Countries: Labor Market and Distributional Consequences of COVID-19 Lockdowns in Turkey' (SSRN Scholarly Paper ID 3645468, 7 July 2020) Abstract: We develop a possibility to work index (PWI) taking the ability to work from home and workplace closures into account. By using the data from the HLFS in Turkey, we examine the individual level determinants of PWI. Our findings reveal that PWI and ability to work from home are significantly different, and essential or closed jobs are not necessarily concentrated at the bottom of the wage distribution. Therefore, from a policy perspective, PWI can be a more encompassing measure of risk and can assist the public authorities to design better targeted social policies. Our results also point out that wage inequality is likely to deteriorate as a result of the supply shocks from confinement policies. However, the overall negative distributional effects of lockdown and disparity between employees in different economic activities become more substantial with duration. These suggest that in order to avoid major increases in earning inequalities and related social problems, governments would be better off with shorter and stricter lockdowns.
Eichhorst, Werner, Anton Hemerijck and Gemma Scalise, 'Welfare States, Labor Markets, Social Investment and the Digital Transformation' (IZA Discussion Paper No 13391, 22 June 2020) Abstract: Barely having had the time to digest the economic and social aftershocks of the Great Recession, European welfare states are confronted with the even more disruptive coronavirus pandemic as probably, threatening the life of the more vulnerable, while incurring job losses for many as the consequence of the temporal 'freezing of the economy' by lockdown measures. Befor the Covid-19 virus struck, the new face of the digital transformation and the rise of the 'platform' economy already raised existential questions for future welfare provision. The Great Lockdown - if anything - is bound to accelerate these trends. Greater automation will reinforce working from home to reduce Covid-19 virus transmission risks. At the same time, the Great Lockdown will reinforce inequality, as the poor find it more difficult to work from home, while low-paid workers in essential service in health care, supermarket retail, postal services, security and waste disposal, continue to face contagion risks. And although popular conjectures of 'jobless growth' and 'routine-biased' job polarization, driven by digitization and artificial intelligence, may still be overblown, intrusive change in the nature of work and employment relations require fundamental rethinking of extant labour market regulation and social protection. Inspired more by adverse family demography than technological change, social investment reform has been the fil rouge of welfare recalibration since the turn of the century. Is social investment reform still valid in the new era of 'disruptive' technological transformation in aftermath of Coronavirus pandemic that is likely to turn into the worst recession since the second world war? Empirically, this chapter explores how Germany, Italy and the Netherlands, in terms of the strengths and vulnerabilities of their labour market to digitization, together with their respective social investment aptitude, are currently preparing their welfare states for the intensification of technological change in the decade ahead.
Estrada, Ruiz and Mario Arturo, 'Can COVID-19 Shows Income Inequality?' (SSRN Scholarly Paper ID 3638160, 29 June 2020) Abstract: This paper attempts to investigate the existence of a correlation between COVID-19 and income inequality. This research paper's primary objective is to prove that the fast expansion of COVID-19 cases can be related to the income inequality levels in any country. However, this paper is not looking at economic growth. We focus on how people benefit from this economic growth through the income (re)distribution among different social groups in the same country. According to the World Health Organization (WHO), the top countries with more COVID-19 infected cases, such as the U.S., Brazil, Russia, India, United Kingdom, Peru, Chile, Spain, Italy, and Iran. According to our preliminary results from the ten countries in mention, we can observe the sad reality of income inequality worldwide. Therefore, the COVID-19 can be an alternative parameter to evaluate the income inequality. Finally, this the paper tries to present policies and recommendations to solve income inequality from a holistic approach.
Estupinan, Xavier and Mohit Sharma, 'Job and Wage Losses in Informal Sector Due to the COVID-19 Lockdown Measures in India' (SSRN Scholarly Paper ID 3680379, 25 August 2020) Abstract: This paper estimates the job and wage losses of workers, using the lens of informality, due to lockdown measures undertaken by the Government of India to tackle the spread of COVID-19. It focuses on the first two lockdowns when containment measures in India were most stringent in the world. We estimate that 104 million and 69.4 million informally employed workers were at risk of job loss in Lockdown 1.0 and Lockdown 2.0 respectively. Informal workers lost more wages, 22.6 percent, than formal workers, 3.6 percent. Workers informally employed in unorganised sector suffered a wage loss, amounting to Rs. 635.53 billion, which is almost equivalent to annual union budget allotted for employment guarantee scheme MGNERGA in 2020-2021. The prevalence of informal labour markets calls for a larger change in the social protection framework to deal with the uncertain economic situation like the one we are facing today.
European Labour Law Journal: COVID-19 and Labour Law
This advance online issue includes the following open access or free access articles, all published on 6 July 2020):
COVID-19 and Labour Law in Belgium by Frank Hendrickx, Simon Taes and Mathias Wouters
Covid-19 and Labour Law in France by Tatiana Sachs
Covid-19 and Labour Law in Germanyby Adam Sagan and Christian Schuller
Covid-19 and Labour Law in Irelandby David Mangan
Covid-19 and Labour Law in Italyby Marco Biasi
Covid-19 and Labour Law in Luxembourgby Luca Ratti
Covid-19 and Labour Law in the Netherlandsby Hanneke Bennaars
Covid-19 and Labour Law in Spain by Manuel Antonio Garcia-Munoz Alhambra
Covid-19 and Labour Law in the United Kingdom by David Mangan
Ewing, KD and Lord Hendy, 'Covid-19 and the Failure of Labour Law: Part 1' (2020) 49(4) Industrial Law Journal 497-538 Abstract: In this article, we consider how Covid-19 revealed the extent to which, in Britain, the core functions of labour law have been compromised by successive governments stretching back to the 1980s and how workers collectively have been failed as a result by a discipline intended ostensibly in their interests. We seek to measure these deficits against a set of core normative principles rooted in ILO standards which we believe underpin labour law as a discipline of worker protection. We look first at the exploitation of critical workers; second at the failure generally to make adequate provision for income security; and third at issues relating to health and safety at work. Our consideration of these issues addresses both the substantive law and the means for its enforcement. Having considered the systemic failures and lack of resilience of British labour law in this article, we intend to return to the theme in Part II at a later date to address the lessons learned and the overhaul which the pandemic has revealed to be necessary.
Farre, Lidia et al, 'How the Covid-19 Lockdown Affected Gender Inequality in Paid and Unpaid Work in Spain' (IZA Discussion Paper No 13434, 7 July 2020) Abstract: The covid-19 pandemic led many countries to close schools and declare lockdowns during the Spring of 2020, with important impacts on the labor market. We document the effects of the covid-19 lockdown in Spain, which was hit early and hard by the pandemic and suffered one of the strictest lockdowns in Europe. We collected rich household survey data in early May of 2020. We document large employment losses during the lockdown, especially in "quarantined" sectors and non-essential sectors that do not allow for remote work. Employment losses were mostly temporary, and hit lower-educated workers particularly hard.Women were slightly more likely to lose their job than men, and those who remained employed were more likely to work from home. The lockdown led to a large increase in childcare and housework, given the closing of schools and the inability to outsource. We find that men increased their participation in housework and childcare slightly, but most of the burden fell on women, who were already doing most of the housework before the lockdown. Overall, we find that the covid-19 crisis appears to have increased gender inequalities in both paid and unpaid work in the short-term.
Fasani, Francesco and Jacopo Mazza, 'Being on the Frontline? Immigrant Workers in Europe and the Covid-19 Pandemic' (IZA Discussion Paper No 13963, 28 December 2020)
Abstract: We provide a first timely assessment of the pandemic crisis impact on the labour market prospects of immigrant workers in Europe by proposing a novel measure of
Fay, Daniel L and Adela Ghadimi, 'Collective Bargaining during Times of Crisis: Recommendations from the COVID-19 Pandemic' (2020) 80(5) Public Administration Review 815-819 Abstract: The COVID-19 pandemic dramatically changed employment across sectors in 2020. This Viewpoint essay examines public sector labor relations during the pandemic and describes the impact bargaining process that is used to protect public employees. The authors draw on their own experience with impact bargaining negotiations and the public labor relations, conflict management, and civil service reform literatures to develop recommendations for public union labor leaders during times of crisis. They suggest that public unions have an important role in crisis management but must act strategically to develop good working relationships with leadership and successfully negotiate employee protections in uncertain times.
Fazlioglu, Muge, 'Privacy in the Wake of COVID-19: Remote Work, Employee Health Monitoring and Data Sharing' (International Association of Privacy Professionals, iapp Report, May 2020) 1-38 Introduction: Considering the rapid and massive changes underway, the IAPP and EY launched a research initiative to gain more insight into the unique ways privacy and data protection practices have been affected by the pandemic. The initial phase of the project included a survey of privacy professionals, taking a deeper look at how organizations, in general, and privacy programs, in particular, are handling the privacy and data protection issues that have emerged alongside COVID-19, such as privacy and security issues related to working from home, monitoring the health of employees, and sharing data with governments, researchers and public health authorities. It also looks at the unique economic impact of the crisis on the privacy profession. A total of 933 respondents completed the survey, and responses were collected between April 8 and 20.
Federico, Giacomo Di, 'COVID-19 and Labour Law: Free Movement of Healthcare Personnel within the EU' (2020) 13(1S) Italian Labour Law e-Journal 1-4 Abstract: Despite the Union's limited competences in the field of healthcare, the European Union has promptly tried to contrast the negative effects resulting from the disorderly reaction of the Member States to the COVID-19 pandemic, to begin with those most likely to impinge on the proper functioning of the internal market. This report examines the Guidelines elaborated by the Commission in the aftermath of the sanitary crisis with particular regard to the free movement of healthcare personnel.
Ferguson, Daniel, 'Coronavirus: Returning to Work' (House of Commons Library, Briefing Paper No CBP 8916, 10 July 2020) Abstract: This Commons Library Briefing Paper discusses issues relating to returning to work as the Government to re-opens parts of the economy. It provides an overview of relevant health and safety law and a discussion of recent Government guidance on working safely in the context of Covid-19. It also includes a discussion of the positions in Scotland, Wales and Northern Ireland.
Ferguson, Daniel, 'Worker Exploitation in UK Clothing Supply Chains' (House of Commons Library, Insight, 8 July 2020) Abstract: On Saturday 4 July, the Government imposed a local lockdown in Leicester following a significant rise in the number of Covid-19 cases in the area. Campaign groups argued that poor working conditions in garment factories contributed to the spread of the virus. This Insight discusses exploitation in UK garment factories, how workers' rights are enforced, and the calls to make companies responsible for rights violations in their supply chains.
de Flamingh, Jack and John Casey, 'Firefighting or Reform?: The Industrial Response to COVID-19' (2020) 73 LSJ: Law Society of NSW Journal 74-76 Abstract: Employment law is dynamic, often changing with the political winds. In 2020, however, the winds of change were swift, and driven by the COVID-19 pandemic. In a two-part series in the May and June editions of LSJ, we examined the Fair Work Commission and Federal Government's initial responses to the crisis. Now, as a year like no other draws to a close, we summarise the most recent, and active, changes before concluding with an eye on what might come next.
de Flamingh, Jack and James Connolly, 'Employment Law: COVID-19: Employment Law Responds' (2020) 66 LSJ: Law Society of NSW Journal 71-73 [part one of two] Abstract: In this article, we explore the Federal Government's response to COVID-19 in the form of the JobKeeper program. Described by Prime Minister Scott Morrison as 'the biggest economic lifeline in Australia's history', it is a program of fiscal stimulus that, at its core, utilises the employment relationship to assist distressed businesses and its employees.
de Flamingh, Jack and James Connolly, 'Employment Law: COVID-19: The Fair Work Commission Responds' (2020) 67 LSJ: Law Society of NSW Journal 71-73 [part two of two] Abstract: The Fair Work Commission ('FWC') has responded to the COVID-19 crisis by amending modern awards to increase the flexibility available to businesses. Some 99 modern awards have been varied to include two weeks' unpaid pandemic leave and additional flexibility in relation to annual leave. The FWC is experiencing a significant increase in its caseload as a result of COVID-19, including unfair dismissals.
de Flamingh, Jack and Heidi Fairhall, 'Employment Law and WHS: Containing Coronavirus: Workplace Considerations' (2020) 65 LSJ: Law Society of NSW Journal 71-73 Abstract: The very size and nature of a workplace makes it an area of high risk for the spread of COVID-19, with the additional feature that it is subject to a high degree of control by the employer. It is hardly surprising, therefore, that employers around the world have been called upon to play a leading role in containing COVID-19 (World Health Organisation 'Getting your workplace ready for COVID-19').
Franklin, Paula, 'Our Failure to Prevent Known Risks: Occupational Safety and Health in the Healthcare Sector During the COVID-19 Pandemic' (ETUI Research Paper, Policy Brief No 11/2020, 17 August 2020) Abstract: Hazards from SARS-CoV-2, the virus that causes COVID-19, should be addressed in line with the EU Biological Agents Directive and by means of a strengthened centralised capacity of the European Union for the monitoring of and response to health emergencies.Mitigating and preventing the impact of the illness, COVID-19, should be done by classifying it as an occupational disease, ensuring the availability of personal protective equipment (PPE) and testing for health workers, and engaging workers in all aspects of 'work organisation'.The coronavirus crisis, which is the result of the impact of the nexus of austerity/virus/illness on society at large, should trigger a transformative change in the care economy, leading to the valuing of care work, pay transparency, full acknowledgement of psychosocial risks such as violence and harassment in the world of work, measures to promote occupational health equity, sustainable health workforce planning and the inclusion of the currently absent gender aspect in EU legislation on occupational safety and health.
Frawley, Martin, 'Social Insurance Fund Facing Tough Challenges New Minister Advised' (2020) 30 Industrial Relations News 22-23 Abstract: Reports that, according to a brief prepared for the Minister for Employment Affairs and Social Protection, the Social Insurance Fund is set to record an operating deficit of almost EUR 2 billion, assuming that the impact of COVID-19 extends into 2021. Notes that there are already twice the number of collective redundancies in 2020 by comparison to the whole of 2019.
Freckelton, Ian, 'COVID-19, Negligence and Occupational Health and Safety: Ethical and Legal Issues for Hospitals and Health Centres' (2020) 27(3) Journal of Law and Medicine 590-600 Abstract: The international incidence of health workers being infected with COVID-19 is deeply troubling. Until a vaccine is developed, they are the community's bulwark against the pandemic. It is vital that they be protected to the maximum extent possible. This entails the need for implementation of effective and compassionate protocols to keep their workplace as safe as possible for them, their colleagues and their patients in a context of much as yet not being known about the virus and awareness that some persons infected by it are for a time at least asymptomatic and that others test negative for it when they are prodromal or even already displaying some symptomatology. This has repercussions both for the liability of hospitals and multi-practitioner centres for negligence and also under occupational health and safety legislation. With the commencement of the roll out of biosecurity and disaster/emergency measures by government and escalating levels of anxiety in the general population, it is important to reflect upon the measures that most effectively can be adopted practically and ethically to protect the health and safety of those whose task it is to care for us if we become infected by COVID-19.
Friedman, Raphael, 'Primary Jurisdiction Doctrine and Tort-Agency Partnerships: Why the COVID-19 Pandemic Is No Time for Referral to Administrative Agencies' (SSRN Scholarly Paper ID 3765004, Social Science Research Network, 18 October 2020) Abstract: The COVID-19 pandemic has already claimed well over 200,000 American lives and has resulted in over 8 million reported cases nationwide. This frightening health crisis has also raised many complex legal questions. One such issue concerns the standard of care employers must adhere to with regard to the safety of their employees at the workplace during the pandemic. Relatedly, the scope of employer liability in tort to employees must be determined. Finally, COVID-19 presents a most regrettable opportunity to study the relationship between tort law and agency regulations and enforcement. This paper briefly analyzes these difficult issues, employing a recent case dismissed in federal court in deference to administrative agencies, as a case study.
Fulford, Nicola and Hannah Jackson, 'Returning to Work: COVID-19 and the Data Protection Perspective' (2020) 109(May) Privacy Laws & Business United Kingdom Newsletter 1-5 Abstract: Examines what procedures employers should follow after the coronavirus ban is lifted and employees return to the workplace, to provide a safe working environment while protecting employees' personal data and privacy.
Gelman, Jon L, 'Lessons from Asbestos Litigation Apply to COVID Claims' (SSRN Scholarly Paper ID 3659568, 23 July 2020) Abstract: The rapid emergence of COVID-19 creates new challenges for the nation's patchwork of state run workplace benefit delivery systems. This paper draws a comparison between COVID claims and asbestos claims, the 'Largest and Longest' wave of occupational disease claims in the United States. The comparison offers insight into avoiding past economic, administrative and benefit delivery pitfalls. The lessons from asbestos claims provide an insight into maintaining a sustainable workers' compensation system to meet the surge of COVID claims.
Gezici, Armagan and Ozge Ozay, 'How Race and Gender Shape COVID-19 Unemployment Probability' (SSRN Scholarly Paper ID 3675022, 16 July 2020) Abstract: Using the April 2020 Current Population Survey (CPS) micro dataset, we explore the racialized and gendered effects of the COVID-19 pandemic on the probability of being unemployed. The distribution of job losses from COVID-19 for women and men or for different racial/ethnic categories has been studied in the recent literature. We contribute to this literature by providing the first intersectional analysis of unemployment under COVID-19, where we examine the differences in the likelihood of unemployment across groups of White men, White women, Black men, Black women, Hispanic men, and Hispanic women. Controlling for individual characteristics such as education and age, as well as industry and occupation effects, we show that women of all three racial/ethnic categories are more likely to be unemployed compared to men, yet there are substantial differences across these groups based on different unemployment measures. Hispanic women have the highest likelihood of being unemployed, followed by Black women, who are still more likely to be unemployed than White women. We also examine if the ability to work from home has benefited any particular group in terms of lowering their likelihood of unemployment during the pandemic. We find that in industries with a high degree of teleworkable jobs, White women, Black men, and Hispanic men are no longer more likely to be unemployed relative to White men. However, Black women and Hispanic Women still experience a significantly higher probability of losing their jobs compared to White men even if they are employed in industries with highly teleworkable jobs. As we control for both individual and aggregate factors, our results suggest that these differences are not simply the result of the overrepresentation of women of color in certain industries and occupations; rather, unobservable factors such as discrimination could be at work.
Ghilarducci, Teresa and Aida Farmand, 'Older Workers on the COVID-19-Frontlines without Paid Sick Leave' (2020) 32(4-5) Journal of Aging & Social Policy 471-476 Abstract: The rapid spread of COVID-19 has left many workers around the world - workers in food distribution, truckers, janitors, and home and personal health care workers - deeply concerned about contracting the virus from exposure at work. In particular, older workers in frontline occupations are vulnerable to illness and to the deadly and debilitating effects of COVID-19, especially with inadequate protective gear and inadequate sick leave. In the absence of strong unions, which ensure that employers provide workers with accurate information, robust training, adequate equipment, and paid leave in the event of quarantines or illness, the COVID-19 pandemic highlights the need for additional legislation to shore up worker protections and provide paid sick leave.
Glacken, Caroline et al, 'Working While Furloughed: Manage the Risk of Furlough Fraud Allegations' (2020) 213(September) Employment Law Journal 6-12 Abstract: Considers the steps which employers can take to protect themselves against being penalised for fraud in the event that an employee has performed work while furloughed under the Coronavirus Job Retention Scheme (CJRS). Looks at the protection available to employees who make protected disclosures about employers' breaches of the CJRS. Discusses furlough fraud, including the offences it comprises and what might be seen to be inadvertent errors.
Gold, Azgad, 'Are Healthcare Workers Obligated to Risk Themselves during the COVID-19 Pandemic According to Jewish Law? A Response to Solnica et al' (2020) 46(11) Journal of Medical Ethics 736-737 Abstract: Solnica et al argue that 'Jewish law and modern secular approaches based on professional responsibilities obligate physicians to care for all patients even those with communicable diseases'. The authors base their viewpoint on the opinion of Rabbi Eliezer Waldenberg and apply it to suggest that physicians are obligated to endanger themselves during epidemics, such as COVID-19. It is argued that Solnica et al's analysis of Rabbi Waldenberg's text and their conclusion that healthcare workers are obligated to endanger themselves while treating patient who suffer from contagious illness during epidemics according to Jewish law suffer from various shortcomings. Indeed, Jewish law looks favourably on healthcare workers who take a reasonable risk in treating their patients in the context of epidemics. However, it is considered a voluntary supererogatory act--not obligatory. Solnica et al may express a legitimate ethical viewpoint. However, it does not seem to represent the mainstream approach of what Jewish law would demand as obligatory from its practitioners.
Goldberg, Jonathan and Grant Wilkinson, 'Post COVID-19 Labour Law Considerations' (2020) 20(5) Without Prejudice 26-27 Abstract: The recent lockdown, which has been extended in several countries around the world, has posed a number of challenges from a legal perspective. This has forced us to consider the impact on the employer-employee relationship. As organisations are forced to close down temporarily, barring certain exceptions for essential services, it is necessary to consider the variety of options available in order to keep organisations afloat.
Goldberg, Jonathan and Grant Wilkinson, 'Retrenchments in the Time of COVID-19' (2020) 20(6) Without Prejudice 58-59 Abstract: In the second week of May, it was reported that the Commission for Conciliation, Mediation and Arbitration (CCMA) has seen an increase in both large-scale and individual retrenchments since the start of the pandemic. Unfortunately, this is creating a massive burden for an already-stretched system. As the courts will not generally second-guess a business decision made by a company, they will assess the fairness of a decision to retrench owing to operational reasons and not the correctness thereof.
Goldberg, Jonathan and Grant Wilkinson, 'Case Law Emanating from COVID-19 in the Employment Space: Employment Law - COVID-19' (2020) 20(7) Without Prejudice 17-18 Introduction: Since the beginning of the COVID-19 lockdown, there have been far more Gazettes issued than during any other period in our democratic history. One of the pieces of legislation that has arrested the attention of all South Africans is the Disaster Management Act (57 of 2002) owing to the many revisions that have been issued to the Act's guidelines. Government has faced a total of 116 legal challenges against various aspects of the lockdown regulations. Some of these have been settled out of court while others are still pending...
At the time of writing this article, one such case, which deals with the interpretation and application of the Disaster Management Regulations, is AfriForum v The Minister of Cooperative Governance and Traditional Affairs (22358/2020) [2020] ZAGPPHC. A number of interesting principles flow from this matter, which are relevant to employers in the post COVID-19 reality.
Goodwin, Emma, 'No Quarantine for Workplace Rights Part 3-1 of the Fair Work Act 2009' Cth and COVID-19' (2020) 25(7) Employment Law Bulletin 66-70At the time of writing this article, one such case, which deals with the interpretation and application of the Disaster Management Regulations, is AfriForum v The Minister of Cooperative Governance and Traditional Affairs (22358/2020) [2020] ZAGPPHC. A number of interesting principles flow from this matter, which are relevant to employers in the post COVID-19 reality.
Abstract: The impact of COVID-19 has led to a flurry of legislative and related changes in the area of Australian workplace relations. Initiatives such as the Federal Government's jobkeeper scheme have brought with them changes to the 'Fair Work Act' 2009 (Cth) (FW Act), while award variations have given employers greater flexibility during the pandemic. In May 2020, relevant changes were also made to the 'Privacy Act' 1988 (Cth) (Privacy Act). The jobkeeper and award changes are presently envisaged as temporary. It is important for those affected by these changes to remain aware, how-ever, that the changes do not have the effect of suspending other rights and obligations under the FWAct during their period of operation. In particular, the relevance of Pt 3-1, the general protections, needs to be kept in mind.
'Government and DPC Guidance on Covid-19 Data' (2020) 25(6) Health & Safety Review 2-3 Abstract: Highlights guidance for businesses by both the Irish Department of Business, Enterprise and Innovation and the Data Protection Commission (DPC) on the Irish Government's Return to Work Safely protocol and COVID-19-related data protection. Includes a table summarising the legal basis for data processing under Regulation 2016/679 (GDPR) regs 6 and 9.
Green, Nicola, David Tappin and Tim Bentley, 'Working From Home Before, During and After the Covid-19 Pandemic: Implications for Workers and Organisations' (2020) 45(2) New Zealand Journal of Employment Relations (advance article, published 28 October 2020) Abstract: The Covid-19 pandemic has resulted, to date, in an estimated 29 per cent of the New Zealand (NZ) workforce moving quickly from centralised work locations to full time working from home (WFH). The literature prior to these extraordinary events suggests WFH is beneficial for employee wellbeing and performance, and organisational outcomes, notably productivity, retention, and business continuity in times of disruption. Lack of organisational preparedness, technological limitations, managerial reluctance, and the potential drawbacks of social isolation have meant that the rates of regular, planned WFH as a flexible work option have traditionally been low. This paper summarises the knowledge base of benefits and limitations of WFH prior to COVID-19 and speculates how the experiences of WFH during the pandemic are likely to shape the future of WFH for workers, organisations, and employees.
Gruben, Vanessa and Louise Belanger-Hardy, 'Risking It All: Providing Patient Care and Whistleblowing During a Pandemic' in Colleen M Flood et al (eds), Vulnerable: The Law, Policy and Ethics of COVID-19 (University of Ottawa Press, 2020) 487 Abstract: In this chapter, we discuss the rights and responsibilities of health care workers during the COVID-19 pandemic, both as care providers (part I) and as whistleblowers (part II). Health care providers have a duty to provide care to patients during a pandemic. However, this duty may be limited by the type of practice, the implied consent to risks, the strength of competing duties such as family obligations, and the need to weigh benefits to patients and potential harm to caregivers. The duty to care of regulated health professionals such as doctors and nurses is framed by the standards of their respective professions. In contrast, personal care workers (PSWs) are not self-regulated. This group forms a large part of the workforce in long-term care homes where most deaths have occurred. We believe it may be time to consider whether PSWs should be self-regulating, as this could offer both greater clarity about the standard of care to be provided to patients during pandemics and clear disclosure standards to guide those who wish to denounce the practices they witness. As for health care providers as whistleblowers, after noting that whistleblower protection across Canada is piecemeal at best, we recommend a comprehensive approach where statutory instruments would be complemented by professional guidelines and codes of ethics issued by regulatory bodies and by professional associations.
Hagemeister, DT, RM Mpeli and BE Shabangu, '"Please Confirm Your HIV-Positive Status by Email to the Following Government Address": Protection of "Vulnerable Employees" under COVID-19' (2020) 13(2) South African Journal of Bioethics and Law 91-96 Abstract: COVID-19 has significantly changed the lives of people worldwide. After one of the most stringent lockdowns in the world, South Africa (SA) prepared to allow increasing numbers of workers to return to their workplaces. Employees received several requests to disclose health conditions to their employers that might put them at higher risk for COVID-19, as some of the regulations issued under the state of disaster by the SA government oblige employers to make special provisions for 'vulnerable employees'. Despite their benevolent intention, such requests constitute a massive infringement of employees' rights, and some of the medical, legal and ethical considerations relevant in this context are discussed. Given the relative scarcity of medical evidence, the constitutional protection of employees' rights and the ethical concerns, a cautious and well-administrated approach within the legally permissible space is necessary.
Harding, Lee and William Mallin, 'COVID-19 and Serious and Imminent Danger: A New Dawn in Employee Litigation?' (2020) 212(July) Employment Law Journal_ _Abstract: Examines, with reference to the reopening of many UK workplaces after the COVID-19 lockdown, the scope of an employee's right to refuse to return to work on health and safety grounds. Reviews relevant provisions of the Employment Rights Act 1996 ss.44 and 100, including the requirement for 'circumstances of danger', and a reasonable belief that the circumstances create a serious and imminent danger. Notes how employers can mitigate their risk.
Harrop, Sarah, 'Racial and Ethnic Diversity in the Workplace: A Work in Progress' (2020) 2040 Estates Gazette 49-50 Abstract: Examines the equality and diversity provisions under the Equality Act 2010 which aim to prevent discrimination in the workplace, focusing on those enabling employers to take positive action. Looks at gender pay gap reporting requirements and the risks to BAME individuals posed by Covid-19.
Haworth, Nigel, 'On the Bright Side: Covid-19, A Perverse Once-in-One-Hundred Year Opportunity' (2020) 45(1) New Zealand Journal of Employment Relations 47-58 Abstract: The Covid-19 pandemic, challenging as it is, provides an opportunity to rethink employment relations arrangements in New Zealand in a broader context of economic policy change, in circumstances which echo the challenges of the 1930s. Major transformation will require a combination of political imagination and will, novel economic policy initiatives, and strong commitment from the social partners.
Heymann, Jody et al, 'Protecting Health during COVID-19 and beyond: A Global Examination of Paid Sick Leave Design in 193 Countries' (2020) 15(7) Global Public Health 925-934 Abstract: Well-designed paid sick leave is critical to ensure workers stay home when sick to prevent the spread of SARS-CoV-2 and other infectious pathogens, both when the economy is open and during an economic shutdown. To assess whether paid sick leave is available in countries around the world, we created and analysed a database of legislative guarantees of paid leave for personal illness in 193 UN member states. Original labour and social security legislation and global information on social security systems for each country were obtained and analysed by a multilingual research team using a common coding framework. While strong models exist across low- middle- and high-income countries, critical gaps that jeopardise health and economic security remain. 27% of countries do not guarantee paid sick leave from the first day of illness, essential to encouraging workers to stay home when they are sick and prevent spread. 58% of countries do not have explicit provisions to ensure self-employed and gig economy workers have access to paid sick leave benefits. Comprehensive paid sick leave policies that cover all workers are urgently needed if we are to reduce the spread of COVID-19, and be ready to respond to threats from new pathogens.
Higgins, Colman, 'Bar on Activating Redundancy Extended Further, Along with Special Sick Pay' (2020) 30 Industrial Relations News 9-10 Abstract: Reports that, according to a brief prepared for the Minister for Employment Affairs and Social Protection, the Social Insurance Fund is set to record an operating deficit of almost EUR 2 billion, assuming that the impact of COVID-19 extends into 2021. Notes that there are already twice the number of collective redundancies in 2020 by comparison to the whole of 2019.
Hoey, Barbara E et al, 'Remote Workforces, Expletives at Work, and Problems with Masks, Shirts, and Hats' (2020) 46(3) Employee Relations Law Journal 78-83 Abstract: The article discusses the additional guidelines issued by the U.S. Department of Labor (DOL) on managing remote workers amidst the COVID-19 pandemic. The guidance is based on the federal Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Families First Coronavirus Response Act (FFCRA). Also cited are the other applicable employment laws like the Americans with Disabilities Act (ADA) and Occupational Safety and Health Act (OSHA).
Horvath, Istvan and Zoltan Petrovics, 'COVID '19 - Hungary: Measures Concerning Employment, Collective Labour Law and Social Security (Part 1)' [2020] Noticias CIELO (advance article, published 4 April 2020) Abstract: The state of emergency in Hungary was declared by 40/2020. (III. 11.) Government Decree on March 11, 2020. Thereafter, the following amendments of legal regulation came into force in the field of employment, collective labour law and social security until 4 April 2020. The provisions adopted in the field of labour law generally made it easier for an employer to organize work during the state of emergency. The new temporary provision which made possible to deviate from the provisions of the Labour Code by an agreement of the employer and the employee, in our opinion, can easily eliminate the protective function of labour law.
Horvath, Istvan and Zoltan Petrovics, 'COVID-19: Hungary Measures Concerning Employment, Collective Labour Law and Social Security (Part 2)' [2020] (4) Noticias CIELO (advance article, published 16 April 2020) Abstract: Since the completion of the manuscript of the first part of our paper several new Government decrees have come into force. On the one hand, this legislation makes it even more flexible for the employer to define working conditions. On the other hand, new decrees of the Government provide support for part-time employment and make a social security guarantee for those employees, who agree with the employer an unpaid leave. And - as at the end of the news programs - sports: football clubs can unilaterally decide to reduce the salaries of the employed football players. This possibility, authorized by a Government Decree, can be deemed as an unparalleled interference in the contractual (private law) relations of labour law.
Hu, Luojia and Bo E Honore, 'The Covid-19 Pandemic and Asian American Employment' (FRB of Chicago Working Paper No 2020-19, 21 September 2020) Abstract: This paper documents that the employment of Asian Americans with no college education has been especially hard hit by the economic crisis associated with the Covid-19 pandemic. This cannot be explained by differences in demographics or in job characteristics. Asian American employment is also harder hit unconditional on education. This suggests that different selection into education levels across ethnic groups alone cannot explain the main results. This pattern does not apply to the 2008 economic crisis. Our findings suggest that this period might be fundamentally different from the previous recession.
Huckle, Theo, Nick Brown and Frederick Powell, 'At the Front Line of COVID-19: Forgotten Victims?' (2020) 170(7888) New Law Journal 10-12 Abstract: Discusses the legal issues likely to arise in claims for compensation for key workers either killed or left with serious health conditions because of their exposure to COVID-19 at work. Looks at an employer's liability to provide personal protective equipment (PPE), whether an employee is entitled to decline to work without PPE, the Government's role, ECHR art.2, and the Chief Coroner's guidance on inquests.
Hunt, Joanna, 'Complying with Business Immigration Law During the COVID-19 Pandemic' (2020) 210(May) Employment Law Journal 16-18 Abstract: Considers changes to immigration policy as a result of the coronavirus pandemic and how this is likely to affect employers and migrant workers. Looks at the effect on applicants who are unable to enter the country, foreign national employees outside the UK and foreign national employees inside the UK. Discusses how the Government has adapted right to work checks for new starters where employees are working at home, and the duties of Tier 2 sponsor licence holders.
Ibekwe, Chineze Sophia, 'Legal Implications of Covid-19 on the Employers' Duty to Provide a Safe Work Environment' (2020) 101 Journal of Law, Policy and Globalization 196
Ihnatowicz, Nicola and Anna Scott, 'Government Suspends Gender Pay Gap Reporting' (2020) 209(April) Employment Law Journal 15-17 Abstract: Notes the suspension of the annual gender pay gap reports due to the coronavirus pandemic. Discusses guidance issued by the Government Equalities Office in 2019 to help employers address the issue of the gender pay gap and to develop a gender pay gap action plan. Notes legislation on positive action.
Inayah, Inayah and Surisman Surisman, 'Work Termination During The Covid-19 Pandemic in The Perspective of Positive Law in Indonesia' (2020) 4(1) Legal Standing : Jurnal Ilmu Hukum 247-254 Abstract: The case of work termination which involves businessowners and labor happens widelyin various companies due to the Covid-19 pandemic in Indonesia. This research usesthe normative legal research method. During this Covid-19 pandemic, this worktermination is carried out to save the company and to prevent more victims. Problemswhich happen regarding work termination include the reasons for this termination andthe post-termination compensation. Work relations is a reciprocal relationship which isbased on a two-party agreement. The legal protection for work termination may becarried out during this Covid-19 pandemic. If the rights stated above are not obtainedby the workers, then they may initiate a deliberation. They may also go through conflictresolution procedures on industrial relations outside of court, based on the Republic of Indonesia's Constitution No. 2 of 2004.
'Inequality in the Impact of the Coronavirus Shock: Evidence from Real Time Surveys' (IZA Discussion Paper No 13183, April 2020) Abstract: We present real time survey evidence from the UK, US and Germany showing that the labor market impacts of COVID-19 differ considerably across countries. Employees in Germany, which has a well-established short-time work scheme, are substantially less likely to be affected by the crisis. Within countries, the impacts are highly unequal and exacerbate existing inequalities. Workers in alternative work arrangements and in occupations in which only a small share of tasks can be done from home are more likely to have reduced their hours, lost their jobs and suffered falls in earnings. Less educated workers and women are more affected by the crisis.
Irlacher, Michael and Michael Koch, 'Working from Home, Wages, and Regional Inequality in the Light of COVID-19' (SSRN Scholarly Paper No ID 3582329, 2020) Abstract: We use the most recent wave of the German Qualifications and Career Survey and reveal a substantial wage premium in a Mincer regression for workers performing their job from home. The premium persists within narrowly defined jobs and after controlling for workplace activities and accounts to more then 10%. In a next step, we provide evidence on substantial regional variation in the share of jobs that can be done from home across NUTS2 districts in Germany. Our results suggest that the COVID-19 crisis might affect already poorer regions more heavily as a lower share of workers can work from home there. Hence, looking at regional disparities in terms of different types of occupations is central for policy makers in choosing the right economic policies to mitigate the consequences of the crisis.
Irvine, Heather and Nadira Deonarain, 'COVID-19 Pandemic and the Employer's Health and Safety Obligations' (2020) 20(3) Without Prejudice 11-12 Abstract: Health and safety legislation throughout Africa is clear that employers have a legal duty to provide and maintain a safe, healthy work environment. For instance, in Kenya, employees are protected under "The Occupational Safety and Health Act 2007"; Seychellois employees under the "Occupational Safety and Health Decree 1978", and South African employees under the "Occupational Health and Safety Act 1993". Accordingly, from both a legal and operational perspective, employers must do all that is reasonably possible to ensure that employees are protected from infection and the spread of COVID-19 in the workplace.
Israhadi, Evita, 'The Social Impact of Force Majeure and The Consequences of the Determination of the Covid 19 Disaster Status on Learning the Manpower Law' (2020) 11(4) Journal of Social Studies Education Research 28-51 Abstract: This study aims to explore learning about the labor law regarding the Force Majeure event due to the determination of the 2019 Corona Virus Disease pandemic (Covid-19) National Disaster, which has implications for the termination of employment in Indonesia. This type of research is normative-empirical legal research. The non-Judicial case study's approach is based on primary legal materials, social behavior guidelines, and relevant previous research. The study results reveal that the impact of social force majeure on Termination of Employment due to the determination of the Covid 19 disaster status imposed by the government has resulted in an increase in unemployment and increased economic difficulties for the community. The law of force majeure based on labor regulations and policies reveals that layoffs are carried out after going through the renegotiation process stage. Layoffs cannot just be carried out unilaterally by companies, especially on the Covid 19 outbreak. This is because there are independent auditing steps carried out by stakeholders before actually being declared to have experienced a force majeure condition and enforcing layoffs. In other words, layoffs can be done if both parties have negotiated and are looking to solve the company's financial problems. This research's main contribution is for stakeholders, especially work bound by the company's work contract. By increasing the legal literacy force majeure, the unemployment rate due to layoffs should be controlled. In this case, the government needs to review the Manpower Act regulation related to the force majeure criteria so that social justice can truly be realized for Indonesian workers.
Italian Labour Law e-Journal (2020) 13(1S) Special Issue: Covid-19 and Labour Law. A Global Review Issue abstract: This special issue intends to provide a systematic and informative overview on the measures set out by lawmakers and/or social partners in a number of countries of the world to address the impact on the Covid-19 emergency on working conditions and business operations. The aim is to understand which labour law norms and institutions and which workplace arrangements are being deployed in the different legal systems to tackle the global health crisis. Another aim is to find whether and to what extent the established body of laws is proving able to cope with the problems raised by the current extraordinary situation or whether, on the contrary, new special regulations are being introduced. The national reports may be subject to updating in case of major changes.
Contents:
COVID-19 and Labour Law: Free Movement of Healthcare Personnel within the EU Giacomo Di Federico
National Reports
COVID-19 and Labour Law: Argentina Facundo Martin Chiuffo
COVID-19 and Labour Law: Australia Anthony Forsyth
COVID-19 and Labour Law: Austria Martin Risak
COVID-19 and Labour Law: Belarus Kirill Tomashevski
COVID-19 and Labour Law: Belgium Alexander De Becker
COVID-19 and Labour Law: Bosnia and Herzegovina Nedim Hogic
COVID-19 and Labour Law: Brazil Ana Virginia Moreira Gomes and Eduardo Rocha Dias
COVID-19 and Labour Law: Canada David J Doorey
COVID-19 and Labour Law: Chile Pablo Arellano Ortiz, Andres Ahumada Salvo and Natalia Astudillo Sanhueza
COVID-19 and Labour Law: China Wenwen Ding
COVID-19 and Labour Law: Colombia Juan Pablo Lopez Moreno, Luz Angela Duarte Gonzalez and Juliana Morad
COVID-19 and Labour Law: Croatia Ivana Grgurev
COVID-19 and Labour Law: Cyprus Christiana Cleridou
COVID-19 and Labour Law: Denmark Mette Soested and Natalie Videbaek Munkholm
COVID-19 and Labour Law: Dominican Republic Javier A Suarez A
COVID-19 and Labour Law: Estonia Merle Erikson
COVID-19 and Labour Law: Finland by Annika Rosin
COVID-19 and Labour Law: France Nicolas Moizard
COVID-19 and Labour Law: Free Movement of Healthcare Personnel within the EU Giacomo Di Federico
COVID-19 and Labour Law: Georgia Zakaria Shvelidze
COVID-19 and Labour Law: Germany Rudiger Krause, Jonas Walter Kuhn
COVID-19 and Labour Law: Greece Effrosyni Bakirtzi
COVID-19 and Labour Law: Hungary Tamas Gyulavari
COVID-19 and Labour Law: Iceland Elin Blondal
COVID-19 and Labour Law: India Saurabh Bhattacharjee
COVID-19 and Labour Law: Indonesia Petra Mahy
COVID-19 and Labour Law: Iran Elaheh Zabeh
COVID-19 and Labour Law: Ireland David Mangan
COVID-19 and Labour Law: Israel Einat Albin, Guy Mundlak
COVID-19 and Labour Law: Italy Chiara Gaglione, Ilaria Purificato and Olga P Rymkevich
COVID-19 and Labour Law: Japan Qi Zhong
COVID-19 and Labour Law: Kenya Abigail Osiki
COVID-19 and Labour Law: Latvia Zane Rasnaca
COVID-19 and Labour Law: Lebanon Sari Madi
COVID-19 and Labour Law: Mexico Alfredo Sanchez-Castaneda, Jose Pablo Hernandez Ramirez
COVID-19 and Labour Law: The Netherlands Beryl ter Haar
COVID-19 and Labour Law: New Zealand Dawn Duncan
COVID-19 and Labour Law: Nigeria Philip Osarobo Odiase
COVID-19 and Labour Law: Norway Bernard Johann Mulder
COVID-19 and Labour Law: Pacific Island Countries and Fiji Elena Gerasimova
COVID-19 and Labour Law: Pakistan Iftikhar Ahmad
COVID-19 and Labour Law: Panama Tequila J Brooks
COVID-19 and Labour Law: Philippines Rowena R. Ricalde
COVID-19 and Labour Law: Poland Izabela Florczak
COVID-19 and Labour Law: Portugal David Carvalho Martins
COVID-19 and Labour Law: Republic of San Marino Leonardo Battista
COVID-19 and Labour Law: Republic of Serbia Dragana Randelovic
COVID-19 and Labour Law: Russian Federation Iuliia Ostrovskaia
COVID-19 and Labour Law: Saudi Arabia Federico Fusco
COVID-19 and Labour Law: Slovakia Viktor Krizan
COVID-19 and Labour Law: Slovenia Barbara Kresal
COVID-19 and Labour Law: South Africa Stefan van Eck
COVID-19 and Labour Law: Spain Rafael Gomez Gordillo
COVID-19 and Labour Law: Sweden Caroline Johansson
COVID-19 and Labour Law: Switzerland Kurt Parli
COVID-19 and Labour Law: Taiwan Wanning Hsu
COVID-19 and Labour Law: Turkey Ceren Kasim
COVID-19 and Labour Law: Ukraine Yana Simutina and Sergii Venediktov
COVID-19 and Labour Law: United Kingdom Tonia Novitz
COVID-19 and Labour Law: U.S. Richard Bales
COVID-19 and Labour Law: Uruguay Federico Rosenbaum Carli
COVID-19 and Labour Law: Zambia James Kayula :
Jakobson, Mari-Liis and Leif Kalev, 'COVID-19 Crisis and Labor Migration Policy: A Perspective From Estonia' (2020) 2 Frontiers in Political Science Article 595407
Abstract: Crises can function as catalysts for policy change, but change depends on multiple factors such as the actual content of the event, the agenda-setting power of the advocates of change, and their abilities to foster advocacy coalitions and break up policy monopolies. The COVID-19 crisis is an event that halted virtually all movement, including labor migration across the world, thus having great potential to act as a major focusing event. This article will look into the possibilities of this crisis to induce permanent labor migration policy change based on the case of Estonia. The article thus contributes to the literature on migration policy change from the Central and East European perspective.
Jha, Shilpi, 'Exodus of Migrant Workers' in India: Law, Accountability and Blind Spots' (SSRN Scholarly Paper ID 3688375, 7 September 2020)
Abstract: Humanity is going through a tough and challenging phase due to an outbreak of COVID-19. The Pandemic has taken the lives of millions of people all over the world. An element of threat is prevailing within individuals and Governments of all the Nation, big or small. As on 7th September 2020, the World Health Organization (WHO) estimates 27,312,773 corona Cases, out of which 893,463 people have succumbed to the disease and 19,383,476 patients have recovered from the disease 7,035,834 cases are still active. The number of Corona cases in India is equally alarming. COVID-19 is an infectious disease caused by a newly discovered coronavirus. World Health Organization (WHO) declared COVID-19 as a Public Health Emergency of International Concern on 30th January 2020. The disease is deadly and highly contagious. The WHO guides that 'The disease spreads primarily from person to person through small droplets from the nose or mouth, which are expelled when a person with COVID-19 coughs, sneezes or speaks'. In this background the Government of India declared Lockdown to reduce a person to person contact and curb the impact of the pandemic. This entire episode of an ongoing pandemic caused by COVID-19 has given rise to many issues one of them is a mass exodus of migrant workers from cities to villages and small towns. Government's Lockdown suggests people stay indoors so that pandemic can be curbed but the mass exodus of migrant workers is an absolute violation of the order. The author is analyzing the International and domestic commitment by the Government vis-a-vis criminal liability of migrant worker under Indian Penal Code, 1860. This article is dealing with the international and national commitment of Government towards Migrant worker's Rights and criminality of actions of migrant workers in breaking the Governmental orders to restrict the spread of deadly disease like COVID-19. The purpose of the article is to find out whether exodus or reverse migration is because of the failure of the government machinery in securing migrant workers' rights or failure of migrant workers in observance of Governmental orders. To achieve this purpose, the author has analyzed three factors - firstly, India's commitment towards fundamental International principles on migrant worker's rights; secondly, interpretation of principles protecting rights of worker guaranteed under the Constitution of India and statute on migrant worker's rights in India and thirdly violation of lockdown rules by the migrant workers with reference to Sections 269, 270, 271 of Indian Penal Code 1860. The research methodology used is descriptive, doctrinal and based on secondary resources like United Nation`s instruments entrusting responsibility on Governments of State Parties, Constitution of India,1950, The Inter-State Migrant Workmen (Regulation of Employment and Conditions of Service) Act, 1979, Newspaper reports, WHO reports and the Indian Penal Code,1860.
Kaine, Sarah, 'Australian Industrial Relations and COVID-19' (2020) 85 Journal of Australian Political Economy 130-137 Abstract: To understand the current state of industrial relations in Australia and intuit what the post-COVID-19 industrial landscape might look like it is necessary to briefly revisit the political, labour market and industrial context immediately preceding the crisis. 2019 saw another federal election in which industrial relations loomed large. The union movement bet heavily on defeating the Liberal-National Party Coalition through its campaign to 'Change the rules' that attempted to foment voter concern about the industrial relations regulatory framework. The campaign presented that framework as skewed in favour of employers and targeted insecure work, penalty rates and wage theft as particular issues to be addressed.
Kaminer, Debbie, 'Discrimination Against Employees Without COVID-19 Antibodies' New York Law Journal (4 May 2020) Abstract: Policies favoring those with immunity to a contagious disease are a novel concept. It is therefore important to think about the legal and policy issues associated with banning employees without immunity to COVID-19 from the workplace and the appropriate balance between an individual's right to work and the public health of the nation.
Kaplan, Charles H, Adam W Perry and Glen P Doherty, 'Avoiding Labor and Employment Law Claims in the Wake of the COVID-19 Shutdown' (2020) 90(7/8) CPA Journal 6-9 Abstract: As workplaces reopen, accountants and their clients and employers must be aware of the potential labor and employment law claims they may face related to the COVID-19 shutdown and the current gradual return to work in New York State and around the nation. Management needs to take action now to reduce the likelihood of such workplace law claims and increase the chances that management will prevail in responding to such claims if they do arise. The authors have identified several key legal areas where accountants, clients, and employers should take notice.
Karim, Abdul and Abdul Karim Arza, 'The Agricultural Sector Is a Pillar of Economic Growth during the Covid-19 Pandemic After the Ratification of the Omnibus Law Job Creation in Indonesia' (2020) [no publication information provided] Abstract: The decline in national economic growth in the first quarter of 2020 experienced a decline in domestic demand. Household consumption was recorded at 2.84%, much lower than the performance in the fourth quarter of 2019 of 4.97%. Investment also grew at a slower rate of 1.7%, mainly influenced by slower construction investment. The Government's stimulus-response was through Government consumption, which grew by 3.74% in response to slowing domestic demand. Net exports contributed positively, influenced by exports which grew by 0.24% and imports which registered a contraction of 2.19%. In terms of the business field, the economic slowdown is mainly driven by slowing activities in the trade and accommodation provision business fields as well as transportation and warehousing business fields due to reduced community mobility as a result of the implementation of measures to mitigate Covid-19. In addition, the performance of the agricultural business sector declined due to unfavorable weather developments.
Katsabian, Tammy, 'The Telework Virus: How the COVID-19 Pandemic Has Affected Telework and Exposed Its Implications for Privacy and Equality' (SSRN Scholarly Paper ID 3684702, 1 September 2020) Abstract: The COVID-19 pandemic has expedited numerous technological changes in the labor market. As part of this phenomenon, it has shifted millions of people from working at their workplace to teleworking from home, generating a hybrid space of work--the home-office. The home-office is an intermediate category between the office and the home. As such, it combines the logic and structure of the traditional workplace with those of the private sphere of the employee. Because of its hybrid nature, the home-office and the technology at its base empower the employer to supervise the employee and her family members, also in their private sphere, intensifying the current trend of violating privacy in the digital reality. Mirroring that reality is that the home-office reproduces inequalities from the private domain of the employee to the workplace context. It reproduces in the labor market the gendered traditional roles within the family domain along with socioeconomic disparities among households with respect to access to technology and technological skills. All in all, it prevents workers from equally enjoying the ability to telework. Against this background, this Article suggests ways to begin solving the home-office difficulty. It elaborates on the importance of employees having a voice to balance the private-public power dynamics between employees and employers and to ensure employees' right to privacy. Additionally, it offers systemic solutions at the federal and state levels to limit the negative effects the private domain has on the ability of underprivileged socioeconomic groups and women to equally integrate into the technological labor market, including in the specific case of telework.
Kennedy, Richard, 'Legal Discourse on Manpower During COVID-19 Outbreak' (2020) 16(1) Law Reform 70-86 Abstract: Covid-19 has become a global epidemic all around the world. All countries around the world have been completely struggled by this outbreak, including Indonesia. Economy crisis is something that could not be avoided. Naturally, workers, and entrepreneurs will be either directly or indirectly affected. Massive amount of companies has applied the regulation 'Termination of Employment', laid of the workers, and even deduction on wages payment. Workers have become vulnerable parties in this case because they do not have enough assurance. Article 164 (1) Act No. 3 of 2003 concerning Manpower indeed regulates the Termination of Employment regulation because of force majeure, however this law seems to be slightly unsuitably applied for this outbreak Covid-19 situation. Therefore, this study is aimed to do legal discoursing in which can both assure those workers and maintain the operation of business in this tight condition. Finally, Indonesia needs to return back to kinship culture and unity in diversity philosophy as stated in Pancasila to equalize the interests both for workers and employers. According to Article 33 (1) and (4) of 1945 Constitution of Republic Indonesia, it has been firmly stated that Indonesian economy should be organized as a common endeavor based upon the principles of the family system and conducted on basis of Pancasila democracy. Hence, government is expected to play the intermediary role in order to unify and even out interest of all parties. Law of Manpower need to be adjusted with some regulations about rights and responsibilities accommodate to workers, employers, and government in deal with epidemic outbreak.
Kenyon, Richard and Edmund Chambers, 'Unprecedented Measures for Unprecedented Times' (2020) 210(September) Employment Law Journal 1-6 Abstract: Examines the scope of the coronavirus job retention scheme (CJRS), and: whether employees need to be consulted about being furloughed; employers' eligibility for the CJRS; how the grant is calculated; guidance on tax and pensions obligations; what employees can do during the furlough period; and interaction with other forms of leave and pay. Highlights confusion about taking and accruing holiday during furlough.
Khan, Adeel Ahmad, 'Migrant Labor Crisis in India' (SSRN Scholarly Paper No ID 3632308, 15 June 2020) Abstract: COVID-19 has brought the countries on a standstill, our country was no different. With widespread risk of infection and turmoil everywhere due to uncertainty and fear, the days became chaotic for the workers as their workplaces shut down. The lockdown was taken as a preventive measure by the government to avoid further exposure and contain the virus in a limited area. This article explores the problems faced by the workers and migrants as they were left without any work and the daily-wagers who earned their food on daily basis. With no work and less or no food majority of them were forced to migrate to their native places.
Khurshid, Hamid, Crystal Wu and Robin Snell, 'Responsible Leadership at a Time of Crisis: Implementing Distributive Justice Amidst the COVID-19 Pandemic' (SSRN Scholarly Paper No ID 3702246, 30 September 2020) Abstract: The COVID-19 pandemic has created monumental business challenges for both leaders and employees. Companies across the world are experiencing contractions in sales and production due to disruptions in the functioning of global supply chains, and global travel restrictions have curtailed economic activities. The current study analyze how firms in Hong Kong and the Peoples Republic of China (PRC) have been making human resources decisions during the COVID-19 crisis. Drawing on semi-structured interviews with eight firms operating in Hong Kong and PRC, this study also explore the possibility that the current crisis may have invoked changes in conceptions of need, fairness and responsibility within our focal firms.
Kolker, Dina and Anichkova, 'Public Employee Speech in a Pandemic' (2021) 46(4) Employee Relations Law Journal 52-60Jurisdiction: USA
Abstract: The authors explain that public employees concerned about virus exposure at work enjoy various protections from retaliation for speaking out about perceived unsafe working conditions.
Kuriakose, Francis and Deepa Kylasam Iyer, 'Labor Migration in the Post-COVID World: Imagining "Just Transition" Using Decent Work Agenda' (SSRN Scholarly Paper No ID 3666064, 3 August 2020) Abstract: This article examines how COVID-19 impacts migrant workers and what can be done for their equitable transition after the pandemic is subdued. The immediate policy response to the pandemic was closing of national borders that resulted in a state of emergency on a global scale. The need for continuous and safe passage of goods, services, and workers was acknowledged by laws and policies that were an 'exception' to the rule, and deemed 'essential'. This approach resulted in five distinct types of impact on the migrant worker in the spheres of employment, health, movement, social protection, and opportunities. This study uses the framework of 'just' transition from sustainability discourse to imagine a labor-centered long-term policy for the migrant worker.
Lambropoulos, Dr Victoria, 'Coronavirus, Jobkeeper and Stand Down under the Fair Work Act 2009 (CTH): A Review of the Law' (2020) 48(2) Australian Business Law Review 104-115 Abstract: The Coronavirus (COVID-19) employment law amendments are a peculiar invention arising out of the unprecedented economic times which we are facing as a nation. This article looks at the legislative responses to the Coronavirus pandemic in the area of employment law. It sets out the pre-existing law in relation to stand down and redundancy. It then examines it in the light of the recent amendments to the Fair Work Act 2009 (Cth) contained in the new Part 6-4C. A number of the new powers given to employers have been curbed by the requirement that they be exercised reasonably. It is unclear how reasonableness will be interpreted in these unique times. The article concludes that the amendments were necessary to address the inflexibility of the stand down framework. We now have something that looks like stand down, but is not stand down, as we have known it.
'Leadership's Role in Safety Behaviour during Covid-19' (2020) 25(6) Health & Safety Review 30-31 Abstract: Discusses the importance of a positive organisational culture in the workplace in light of changes connected to the impact of the COVID-19 pandemic, and the role of leaders and managers in sustaining safe behaviours on an ongoing basis.
Leckey, Colin and David Hopper, 'Consulting with Furloughed Employees about Redundancies and Changing Terms' (2020) 212(July) Employment Law Journal_ _Abstract: Discusses the challenges facing employers wishing to consult either collectively or individually with employees furloughed during the coronavirus pandemic about possible redundancies or changes to terms and conditions of employment. Reviews relevant provisions of the Trade Union and Labour Relations (Consolidation) Act 1992, and sets out advice on best practice.
Leckey, Colin and David Hopper, 'Notice Pay During Furlough: What's Allowed?' (2020) 212(July) Employment Law Journal_ _Abstract: Reviews the uncertainties surrounding the rights of employers to give employees their notice during furlough under the Coronavirus Job Retention Scheme. Details the updated guidance in the relevant Treasury Direction, the implications for employers, and the calculation of notice pay.
Lewis, Alan and Caroline Glacken, 'Quarantine, Carry Over and Other Complex COVID-19 Holiday Issues' (2020) 212(July) Employment Law Journal_ _Abstract: Considers the challenges involving employees' annual leave which the coronavirus pandemic has created for employers, including how to respond to the quarantine requirements imposed on holiday-makers returning from Spain, how to ensure annual leave is taken, the need to cancel previously booked time off, the carrying over of annual leave, and the status of public holidays during furlough.
Lippel, Katherine, 'Occupational Health and Safety and COVID-19: Whose Rights Come First in a Pandemic?' in Colleen M Flood et al (eds), Vulnerable: The Law, Policy and Ethics of COVID-19 (University of Ottawa Press, 2020) 473 Abstract: This chapter explores the occupational health and safety of Canadian workers during the COVID-19 pandemic. Analysis of information in the media shows that workers in various sectors, including health care, meat packing, warehousing, and other essential services, have contracted COVID-19 at work. Many were denied protections required by the occupational health and safety regulatory frameworks governing the prevention of occupational illness and disease. Benefits under workers' compensation legislation are theoretically available for those who contract the illness out of and in the course of their employment, but preliminary figures from Ontario and Quebec suggest that underreporting of work-related COVID-19 is prevalent and that access to compensation is not provided in a timely manner to those affected. The chapter sheds light on violations of the right to personal protective equipment and on transmission of the virus attributable to extensive use of workers employed by temporary employment agencies. It finds that unions and professional associations have contributed to improvement of the effectiveness of OHS legislation by accessing the media and the courts. It also provides suggestions for policy going into the deconfinement period in order to ensure that the most vulnerable to COVID19 are not forced to return to work against their will.
Lord, Phil, 'COVID-19 and the Future of Work' (2020) 7 Journal of Psycho-Economics (forthcoming) Abstract: This paper draws upon law and behavioral economics to analyse the transition to remote work brought about by the COVID-19 pandemic. While widely celebrated, this transition which indeed has many promising aspects is far more complex than public discourse would suggest. This paper is articulated around two overarching, structural issues which both arise from and are exemplified by the increasing adoption of remote work policies. Its first section depicts the move to remote work as an example and catalyst of the more broadly increasing precarity of work. It proposes solutions which could alleviate this increasing precarity. Its second section focusses on the intrinsically heterogeneous impact of the COVID-19 pandemic and these remote work policies, and proposes solutions which could alleviate the disproportionate impact of these policies on certain groups.
Lord, Phil, 'Incentivising Employment during the COVID-19 Pandemic' (2020) 8(3) The Theory and Practice of Legislation 355-372 Abstract: This article considers government responses to unemployment caused by the COVID-19 pandemic. It analyses the two main legislative responses adopted by North American governments: a broadening of access to (un)employment insurance (EI) and the adoption of payroll subsidies for companies. It comparatively and critically assesses these two solutions, to eventually propose an alternative plan. Under this plan, access to EI would be broadened to cover those not traditionally covered by it, such as self-employed workers, contract workers, and those caring for a family member sick from COVID-19 or for a child who is at home due to school and day-care closures. Unemployed workers who have traditionally paid into the EI system would be rewarded through a tax credit. To avoid incentivising temporary layoffs, a payroll subsidy would be adopted. The subsidy would make it as attractive to keep workers on payroll as to lay them off so they can benefit from EI. It would also provide a more faithful picture of unemployment rates during the crisis. The plan would also address broader concerns regarding the unsustainability of public spending during the crisis by limiting access to both temporary layoffs and the payroll subsidy. Large and profitable companies, as well as companies with high revenue or cash reserves, would not be able to temporarily lay their employees off during the crisis or benefit from the subsidy. For companies that face liquidity issues yet are not eligible for the subsidy, short-term, interest-bearing emergency loans would be available.
Lord, Phil, 'The Social Perils and Promise of Remote Work' (2020) 4(S - COVID-19 Special Issue) Journal of Behavioral Economics for Policy 63-67 Abstract: The COVID-19 pandemic has transformed daily life, notably by forcing billions of people to work from home. As restrictions related to the pandemic are eased, companies are reconsidering their real estate footprint and contemplating a long-term move to remote work. This paper takes an in-depth look at this move. It argues that remote work is, like other consequences and aspects of the pandemic, deeply rooted in broader social issues. The move to remote work has the potential to alleviate historic inequities which arise from the demands of the modern workplace - demands which have led women to occupy lower-paying positions. It also argues that the move to remote work can contribute to the increasing precarity of work, by shifting the cost of workspace from employers to employees. It suggests governmental solutions, rooted in law and behavioural economics, which could maximise its potential and protect workers from its perils.
Lord, Phil, 'Work, Family and Identity' in Daniel Wheatley, Irene Hardill and Sarah Buglass (eds), Remote Work and Worker Well-Being in the Post-COVID-19 Era: Impacts, Challenges, and Opportunities (IGI, 2021) Abstract: The COVID-19 pandemic has accelerated the existing transition to remote work and, more broadly, flexible forms of work. While much energy and attention have been dedicated to analysing this transition, and how governments and other actors can best respond to it, this chapter takes a step back and analyses the potential impacts of the transition to remote work on our individual and collective identities. Recognising that work is an important part of who we are, and has historically been a microcosm and a catalyst of broader social change, this chapter analyses how remote work challenges gender roles, contemporary family structures, and our conceptualisation of the relationship between work and other commitments. The chapter admittedly offers more questions than it does answers. It complexifies our understanding of remote work, and seeks to spark future discussions as to its consequences.
Lord, Phil and Lydia Saad, 'Tackling the COVID-19 Pandemic' (SSRN Scholarly Paper No ID 3554436, 8 April 2020) Abstract: The recent coronavirus outbreak provides a fit backdrop for us to assess our preparedness for and reaction to this and future outbreaks. This article considers the role of non-state actors in global health crises. While much attention has been afforded to the role of the state in preventing and managing these crises, the recent coronavirus outbreak reminds us that the effectiveness of the state's response to (the economic consequences of) global health crises is largely dependent on the good faith and implicit obligations of the private sector. In a capitalistic society and in the absence of specific legal obligations, companies have no obligation to keep their workers on payroll during an economic slowdown or use government stimulus funds to actually benefit those governments hope to target. We argue that relying on private actors to take measures which they have no obligation to take and are disincentivised to take is neither responsible nor sustainable. It causes private actors to shoulder a disproportionately low portion of the burden of a crisis, leaving governments to, in the unique circumstances of a prolonged global health crisis, spend public funds at an unsustainable rate. We further argue that the current framework, aimed at helping unemployed workers, provides perverse incentives and encourages companies to lay off their workers. Absent changes to this framework, our response to global health crises is bound to be inadequate.
Lu, Lynn, 'From Stigma to Dignity? Transforming Workfare with Universal Basic Income and a Federal Job Guarantee' (2021) 72 South Carolina Law Review (forthcoming) Abstract: As the COVID-19 pandemic takes a catastrophic toll on lives and livelihoods across the United States, the harshest impact of the unpredictable virus has disproportionately fallen with foreseeable accuracy on Black, immigrant, poor, and elderly people, who are most likely to live and work in close contact with others and to have less access to health care or emergency savings. The speed and severity of the viral contagion has rendered devastatingly, undeniably visible the vast, racial gap between those with reliable health care, child care, housing, nutrition, household wealth, and income and those without, but that gap was already widening well before the pandemic amid accelerating economic inequality, racial disparity, and precarity for those fortunate enough to find paid work. By the summer of 2020, pandemic isolation gave way to mass protests supporting the Movement for Black Lives with calls to end anti-Black police brutality and mass incarceration, but also seeking to end exploitation of Black essential workers and increase attention to longstanding economic devastation of divestment from communities of color. With physical health and safety linked inextricably to material deprivation came heightened public demands for racial, social, and economic justice to help marginalized communities not just survive in times of crisis, but thrive every day. This Article examines reinvigorated proposals for universal basic income (UBI) and a federal job guarantee (JG) to reduce poverty, income inequality, and the widening racial wealth gap. It examines the potential of such reforms to put more money into the hands of those most likely to use it while ending involuntary unemployment and boosting labor conditions for all, but especially Blacks and people of color with less access to generational wealth, higher education, and protection against employment discrimination. It concludes that both UBI and JG are necessary but each insufficient on its own to achieve greater economic security and mobility, with dignified work for all. Crucially, a universal minimum income untethered to any form of work requirement is essential to break the racialized and gendered stigma that frames economic need as welfare dependency; equally important is the guarantee of public employment at a living wage to those who voluntarily choose to avoid gaps in earned income and employment history but have historically been excluded from the best work-life options. Together, UBI and JG form vital pillars of social support for withstanding future crises, large or small, and for creating the future society we want.
Mamaysky, Isaac, 'The Future of Work: Exploring the Post-Pandemic Workplace from an Employment Law and Human Resources Perspective' UC Davis Business Law Journal (forthcoming) Abstract: COVID-19 has upended the workplace as we know it. Employment experts widely speculate that certain industries have fast-forwarded in the direction of working remotely by years. If the future of work for many employees is primarily virtual, what legal and human resources challenges does this entail for employers? What new rights might employees have coming out of the pandemic? In industries that continue operating in person, how should employers accommodate vulnerable employees who request to work remotely? What about non-vulnerable employees who are simply afraid to come in? While analyzing these and related questions, this article explores the business-case and human resources arguments for and against remote work. It goes on to show that the 'hybrid workplace,' in which more people work from home more of the time, is our likely future. The article considers the new challenges this raises for employers and the new rights that it bestows on employees. The article concludes by arguing that giving employees choice about their work location is a mechanism for employers to avoid potential liability while boosting workplace morale and increasing productivity; creating a win-win for employees and employers alike.
Mamaysky, Isaac, 'Coronavirus Paid Leave: The Intersection of New State and Federal Laws' (Westchester County Bar Association COVID-19 (Coronavirus) Publications, 2020) Abstract: At the same time the federal government passed the Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA), states passed their own paid leave laws, often with wider applicability than the federal law.
Mamaysky, Isaac, 'Furloughs: Weighing the Unemployment Costs and Benefits' (Law360, Expert Analysis, 6 April 2020) Abstract: In response to the COVID pandemic, the CARES Act created a $600 federally subsidized weekly increase to existing state unemployment benefits. This leaves struggling employers with a dilemma: Should they do whatever they can to maintain payroll for employees who might have very little work in light of quarantines and shutdowns, or should they conduct temporary furloughs so their employees can access expanded unemployment benefits?
Mamaysky, Isaac and Wendy Fischman, 'Rehiring Furloughed and Laid-Off Workers Post-Pandemic' (Law360, Expert Analysis, 1 October 2020) Abstract: Since the start of the COVID pandemic, countless employees lost their jobs following furloughs and layoffs. As unemployment rates continue to decrease, many employers are rehiring their workforces. This article explores best practices to do so properly and considers potential pitfalls when making rehiring decisions.
Mamaysky, Isaac and Mark Papadopoulos, 'Role For COVID-19 Liability Waivers In Employment Is Limited' (Law360, Expert Analysis, 19 May 2020) Abstract: Waivers of liability have taken on renewed significance as businesses reopen during COVID. Courts have traditionally disfavored these instruments between employers and employees due to the unequal bargaining power of the parties. This article explores the role and utility of liability waivers in the employment context and beyond.
Mangan, David, Elena Gramano and Miriam Kullmann, 'An Unprecedented Social Solidarity Stress Test' (2020) 11(3) European Labour Law Journal 247-275 Abstract: While much of the emphasis has been on when and how economies may safely re-open due to the coronavirus pandemic, this article studies the undervalued workplace considerations therein. The initial responses of Member States to the pandemic are outlined for the purpose of setting out similarities and distinctions, but also and mostly to foreground an analysis to date of unresolved problems related to work. Important points for continued monitoring are also identified and an overview of some of the employment law considerations in re-opening workplaces are critically assessed. Consequently, teleworking garners particular attention due to its prominent role during the lockdown and its possible growing place in labour law in the near future.
Mantu, Sandra, 'EU Citizenship, Free Movement, and Covid-19 in Romania' (2020) 2 Frontiers in Human Dynamics Article 594987 Abstract: Traveling freely, smoothly and unburdened by excessive formalities and the adjoining right to reside in another EU state for work, leisure or study are the hallmarks of the mobility regime applicable to EU citizens and their family members. Measures taken by the majority of EU states to deal with Covid-19 have severely disrupted EU mobility and led to the reestablishment of internal border controls, the introduction of restrictions to travel and even travel bans. These obstacles to mobility have highlighted the EU economy's reliance on EU migrant labor in several sectors, which was further exacerbated by the introduction of an EU travel ban at the external border. This contribution discusses measures taken by Romania that sought to restrict travel to and from Romania, while simultaneously allowing exceptions for nationals to travel to other EU states as essential workers. The Romanian response is discussed in relation to the wider EU attempts to reply to the proliferation of national measures affecting EU free movement and the functioning of the internal market and as an illustration of the need to ensure that mobility goes hand in hand with protection.
Markey, Ray, 'The Impact of the COVID-19 Virus on Industrial Relations' (2020) 85 Journal of Australian Political Economy 147
Abstract: The social and economic impact of COVID-19 has extended to industrial relations as a result of major changes to work and the labour market. Immediately after the lockdown began, 15% of the Australian workforce was laid off. Job losses have been unevenly spread, with hospitality experiencing a 33.4% reduction, and arts and recreation services 27% (ABS 2020a). Those aged under 30 lost jobs at a particularly high rate. However, the official unemployment rate understates loss of work, because of the JobKeeper wage subsidy, reduced labour force participation and the restrictive ABS definition of unemployment: actively looking for work and less than one hour's work per week. The Reserve Bank estimates that total hours worked fell by 20%, while Treasury estimated unemployment at close to 15% by late May, 2020 (Black 2020a).
Marques, Sergio Maia Tavares, 'Social Protection of Self-Employed Workers during the COVID-19 Pandemic in Portugal and the Role of EU Law' [2020] (3) IgualdadES 437-454 Abstract: In recent years, the increasingly dominant economic structure in the EU has been ignited by digital platforms and e-tools that depend upon independent and precarious workers, in special after the financial crisis. Such background hampers the social protection rights of workers and in the context of the COVID-19 pandemic they find themselves further exposed. This deprotection is even more evident concerning the self-employed, as independent workers, due to their precarious job relations, are less covered by social assistance than contracted ones. In Portugal, the national government approved an emergency aid to face this context. The present paper seeks to ascertain if such benefit, albeit possibly lawful in light of EU law, might be insufficient for the purpose of combating social exclusion. It lastly reflects how the EU could live up to its role of complementing national action in social matters.
Marsons, Lee and Sarah Nason, 'Equality and the Coronavirus Job Retention Scheme' [2020] (October) Public Law 776-778 Abstract: Notes R. (on the application of Adiatu) v HM Treasury (DC) on whether the exclusion from eligibility for the Coronavirus Job Retention Scheme and statutory sick pay of those without employment contracts but who fell to be treated as workers within the Employment Rights Act 1996 s.230(3)(b) was unlawfully discriminatory in breach of ECHR art.14 and Protocol 1 art.1 or the public sector equality duty under the Equality Act 2010 s.149.
Masselot, Annick and Maria Hayes, 'Exposing Gender Inequalities: Impacts of Covid-19 on Aotearoa | New Zealand Employment' (2020) 45(2) New Zealand Journal of Employment Relations (advance article, published 29 October 2020) Abstract: This article outlines how the Covid-19 pandemic exacerbates economic and social gender inequalities in Aotearoa | New Zealand. While this crisis highlights the central part played by women in the economy, the gender impacts of the pandemic are visible in connection to a decrease in job security and financial safety for female workers; to a rise in the duplication of paid and unpaid work; to an increase violence in and outside of homes; a heightened risk exposure to the virus and worse health outcomes. Not all women are equally positioned in this crisis, women of Maori and Pacific descent are disproportionately feeling the effects of the pandemic. The two-prong, government's recovery plan, which only partially ensures a fair and equal economic rebuild, is critically assessed. While the economic response fails to take a systematic gender approach, scope for challenging traditional gender assumptions is met head-on in relation to policy on violence against women. The article considers flexible working options and focuses on options for reframing employment law in a post-pandemic environment with a view to achieve and deliver equality between men and women through an intersectional lens.
Maya, Joseph et al, 'Responsibilities and Rights of Employers and Employees During the COVID-19 Pandemic' [2020] (Winter) Labor Law Journal 220-254 Abstract: The article focuses on responsibilities and rights of employers and employees during the COVID-19 Pandemic. It mentions Occupational Safety and Health Administration (OSHA) standards, the Equal Employment Opportunity Commission (EEOC), the Americans with Disabilities Act (ADA), and the Rehabilitation Act, together with the Families First Coronavirus Response Act, promulgate labor rules and regulations governing privacy and safety concerns during the COVID-19 pandemic.
McGarity, Thomas, Michael C Duff and Sidney A Shapiro, 'Center for Progressive Reform Report: Protecting Workers in a Pandemic: What the Federal Government Should Be Doing' (Center for Progressive Reform Report, June 2020) Abstract: The 're-opening' of the American economy while the coronavirus that causes COVID-19 is still circulating puts workers at heightened risk of contracting the deadly virus. In some blue-collar industries, the risk is particularly acute because of the inherent nature of the work itself and of the workplaces in which it is conducted. And the risk, for a variety of reasons, falls disproportionately on people of color and low-income workers. With governors stay-at-home orders and other pandemic safety restrictions, Center for Progressive Reform Member Scholars Thomas McGarity, Michael Duff, and Sidney Shapiro examine the federal government's many missed opportunities to stem the spread of the virus in the nation's workplaces, and make recommendations for what needs to happen next to protect employees on the job.
McGaughey, Ewan, 'A Social Recovery, Workplace Democracy and Security: COVID-19 and Labour Law' (2021) King's Law Journal (forthcoming) Abstract : The COVID-19 pandemic has shown the painful consequences of poor job security and workplace democracy. The UK government's initial flirt with 'herd immunity', the delay in lockdown, and the absence of a work strategy that prioritised safety after the summer, caused among the most appalling death rates in the world, worse than Trump's America. However, a swift change in the job security policy stemmed mass unemployment, after initial reports of 2.1 million people claiming unemployment benefits. The 'Coronavirus Job Retention Scheme' eventually meant that the unemployment statistics (as opposed to claimant count) showed only a modest jobless rise. Comparison with the US where there are effectively no rights, and other countries with strong rights, shows that universal social security and workplace democracy are at the core of successful economic performance. This paper explains the UK's health and safety rights, how the job retention scheme was unfurled with extension to employed and self-employed, and the connection between votes at work and employment. It shows how reality discredits the minority views of economic theorists who oppose labour rights, and suggests the legal reforms we can undertake to achieve a social recovery.
McKee, Clair, 'Employment' (2020) 65(5) Journal of the Law Society of Scotland 29-30 Abstract: Advises employers on the Coronavirus Job Retention Scheme (CJRS), including: which companies are eligible; which employees are covered; whether employees can take annual leave whilst on furlough leave; whether administrators are able to furlough employees under the CJRS with reference to Re Carluccio's Ltd (In Administration) (Ch D); whether employers can claim for obligatory 'regular payments'; and the steps businesses should take when the scheme ends.
McLaren, Helen Jaqueline et al, 'Covid-19 and Women's Triple Burden: Vignettes from Sri Lanka, Malaysia, Vietnam and Australia' (2020) 9(5) Social Sciences 87 Abstract: During disease outbreaks, women endure additional burdens associated with paid and unpaid work, often without consideration or the alleviation of other life responsibilities. This paper draws on the concept of the triple burden in theorizing the gender divisions in productive and reproductive work and community activities in the context of disaster. Events that include famine, war, natural disaster or disease outbreak are all well documented as increasing women's vulnerability to a worsening of gendered burdens. In the case of the Covid-19 coronavirus pandemic, this is no different. Focussing on Sri Lanka, Malaysia, Vietnam and Australia, the four vignettes in this paper serve to highlight the intersections between Covid-19 and gendered burdens, particularly in frontline work, unpaid care work and community activities. While pre-disaster gender burdens are well established as strong, our analysis during the early months of the pandemic indicates that women's burdens are escalating. We estimate that women will endure a worsening of their burdens until the pandemic is well under control, and for a long time after. Public policy and health efforts have not sufficiently acknowledged the issues concerned with the associations between gender and disease outbreaks.
McQuoid -Mason, DJ, 'COVID-19: May Healthcare Practitioners Ethically and Legally Refuse to Work at Hospitals and Health Establishments Where Frontline Employees Are Not Provided with Personal Protective Equipment?: Forum' (2020) 13(1) South African Journal of Bioethics and Law 11-14 Abstract: The purpose of this article is not to encourage health practitioners to refuse to assist COVID-19 patients if they are not provided with personal protective equipment (PPE) at the workplace. It is to encourage them to advocate for PPE by pointing out that in South Africa (SA), health establishments that fail to provide them with PPE will be held ethically and legally responsible for the deaths of any patients - not health practitioners - if as a last resort such health professionals have to withdraw their services to protect other patients, themselves, their families and their colleagues. The article refers to the World Medical Association, World Health Organization and Health Professions Council of SA guidelines regarding the use of PPE during the COVID-19 epidemic, especially in the case of shortages. All the guidelines state that the safety of healthcare workers is a priority if they are to care for their patients properly. Mitigation measures are suggested, but do not extend to failing to provide PPE to those healthcare workers who deal directly with patients. The law protects all workers, who have a constitutional and statutory right to a working environment that is not harmful and does not threaten their health and safety. The article concludes that as a last resort, if the international and national ethical guidelines and legal rules are not being followed regarding PPE and advocacy attempts to persuade health establishments to provide PPE fail, and healthcare workers are exposed to the COVID-19 virus, they may ethically and legally withhold their services. These points should be made when health practitioners are advocating for PPE.
McQuoid -Mason, DJ, 'COVID-19: What Should Employers Do If Employed Health Professionals Such as Doctors and Nurses Refuse to Treat COVID-19 Patients despite Being Provided with the Required Personal Protective Equipment?' (2020) 13(2) South African Journal of Bioethics and Law 87-90 Abstract: At some health establishments doctors and nurses employed there are refusing to treat Covid-19 patients - even though they have been provided with the necessary personal protection equipment (PPE). Such conduct would appear to be in breach of the World Medical Association International Code of Medical Ethics , the International Council of Nurses Code of Ethics for Nurses , the Rules of Conduct of the Health Professions Council of South Africa, the South African Nursing Council, some of the provisions of the South African Constitution and of the relevant labour legislation. Guidance is provided to employers on how to deal with the situation based on ethical and legal considerations.
Mendelson, Danuta et al, 'Legal Implications of Personal Protective Equipment Use When Treating Patients for COVID-19 (SARS-CoV-2)' (2020) 27(4) Journal of Law and Medicine 856 Abstract: Front-line health care personnel, including anaesthetists, otolaryngologists, and other health professionals dealing with acute cases of coronavirus, face a high risk of infection and thus mortality. The scientific evidence establishes that to protect them, hospital protocols should require that wearing of the highest levels of personal protective equipment (PPE) be available for doctors and nurses performing aerosol-generating procedures, such as intubation, sputum induction, open suctioning of airways, bronchoscopy, etc. of COVID-19 patients. Although several international bodies have issued recommendations for a very high-level PPE to be used when these procedures are undertaken, the current PPE guidelines in Australia have tended to be more relaxed, and hospital authorities relying on them might not comply with legal obligations to their employee health care workers. Failure to provide high-level PPE in many hospitals is of concern for a large number of health care workers; this article examines the scientific literature on the topic and provides a legal perspective on hospital authorities' possible liability in negligence.
Milczarek-Desai, Shefali and Tara Sklar, 'The Return of Typhoid Mary? Immigrant Workers in Nursing Homes' [2021] Journal of Elder Policy (forthcoming) Abstract: Nursing homes are dependent on immigrant, female labor as nursing aides, yet these workers are provided with minimal employment benefits, which has led to devastating consequences for vulnerable, older residents during COVID-19. Emerging research suggests that aides are contributors to the increase in coronavirus outbreaks due to working in multiple long-term care facilities and refer to these individuals as 'superspreaders.' Specifically, aides have been tied to unwittingly passing on the virus as they may be asymptomatic or pressured to work by employers while symptomatic with limited access to paid sick leave. The plight of these women harkens back to 'Typhoid Mary'--also a poor, immigrant woman who was accused of spreading typhoid fever a century ago. This Article applies lessons learned from Mary's shocking and tragic trajectory, then employs critical race and feminist jurisprudence to highlight examples of structural and institutional disparities that exist in current paid sick leave laws. Recommendations call for improved oversight in delivery of quality and safety in long-term care by addressing racial, gender, and economic inequalities through paid sick leave laws coupled with strong enforcement.
Millins, Jennifer and Martha Averley, 'The Impact of Covid-19 on the Gender Pay Gap' (2020) 213(September) Employment Law Journal 19-24 Abstract: Speculates on the potential impact of the Government's suspension of the requirement to publish gender pay gap statistics for 2019-2020, due to the coronavirus pandemic, on the overall statistics and the aims of the Equality Act 2010 (Gender Pay Gap Information) Regulations 2017. Considers evidence that the pandemic has disproportionately affected women and reflects on whether this might result in a widening of the gender pay gap.
Milo, Dario et al, 'The Effect of COVID-19 on Cybersecurity and Cyber Breaches' (2020) 20(6) Without Prejudice 19-20 Abstract: With more employees working from home during the COVID-19 pandemic, the risk of cybercrime has escalated, and the need to have proper systems and procedures in place has become even more important.
Moseley, Joanne, 'Key Steps to Ensure a Safe Return to Work for Shielding Employees' (2020) 212(July) Employment Law Journal_ _Abstract: Considers the steps employers can take to encourage 'shielding' employees to return to work safely, and minimise the risk of litigation. Discusses the importance of offering continuing home working, performing individual risk assessments, reducing travelling risks, changing employees' roles, listening to their concerns and granting furlough to shielding employees.
Mulligan, Tanya and Neil Coetzer, 'Incapacitated by the Lockdown: Exploring the Possibility of Temporary Legal Incapacity' (2020) 20(4) Without Prejudice 10-11 Abstract: The National Lockdown imposed by government in terms of the Disaster Management Act has prompted considerable debate about its effects on the treatment and payment of employees during this period. The Regulations and Directives issued in terms of the Act have been silent on the issue, while statements by the Department of Employment & Labour, in particular, have served only to confuse things further.
Murcia, Joaquin Garcia, Ivan Rodriguez Cardo and Diego Alvarez Alonso, 'Covid-19 and Labour Law Measures in Spain: Emergency Rules to Deal with a Health, Economic and Employment Crisis' (2020) 13(1) Italian Labour Law e-Journal 141-160 Abstract: The COVID-19 pandemic has had a great impact in Spain. With the purpose of slowing down the spread of the virus and controlling the situation, the Government declared the state of alarm and imposed restrictions to people's movement and social contact (including temporary confinement of the population at home). Most economic and working activities were temporarily paralysed, leaving apart those considered 'essential services' and other exceptions. With the aim of reducing the economic and social impact of such extraordinary circumstances, protecting workers and allowing to resume working activities after the crisis, the Government approved a package of urgent legislation, including a large list of measures in the area of Labour Law and Social Security: among others, promoting telework; facilitating the adaptation of working time to family care needs; favouring the temporary suspension of employment contracts or the reduction of working time due to force majeure or other grounds related to COVID-19, while dismissals were limited; establishing an extraordinary paid leave for workers of undertakings forced to stop their activity; finally, adapting and enhancing unemployment benefits and other forms of social protection. This paper provides a panoramic explanation on this legislation aiming to face the COVID-19 health, economic and employment crisis.
Nash, Meredith and Brendan Churchill, 'Caring during COVID-19: A Gendered Analysis of Australian University Responses to Managing Remote Working and Caring Responsibilities' (2020) 27(5) Gender, Work & Organization 833-846 Abstract: COVID-19 is dramatically reconfiguring paid work and care. Emerging evidence in the global media suggests that academic women with caring responsibilities are being disproportionately impacted. This article fills a key knowledge gap by examining how Australian universities are supporting academics to manage remote work and caring during the COVID-19 pandemic. We conducted a desktop analysis of public information about remote working and care from 41 Australian universities and compared them to the world's top ten ranked universities. Findings suggest that during the pandemic, the Australian higher education sector positions decisions about caring leave and participation in the paid labour force as 'private' matters in which employees (mainly women) design their own 'solutions' when compared with international institutional counterparts. We argue that COVID-19 provides another context in which universities have evaded their responsibility to ensure women's full participation in the labour force.
Nath, Rahul, 'Epidemics: A Tale of Two Workers' (CEPR Discussion Papers, Covid Economics Issue 32, 24 June 2020) Abstract: This paper shows that the labour market opportunities available to an agent has a significant bearing on how that agent experiences the outbreak of an epidemic. I consider two types of labour (i) market labour that can only produce output in close physical proximity, and (ii) remote labour that can produce output at a distance. This paper develops a Two Agent New Keynesian model extended to include an epidemic bloc and dual feedback between economic decisions and the evolution of the epidemic. I show that an agent restricted to only supply market labour experiences higher death rates vis-a-vis their share of the population, and suffers larger declines in labour and consumption over the course of the epidemic. Post-epidemic, these agents are significantly worse off than their counterparts who have the opportunity to work from home and hence a more unequal society emerges. I then show that simple containment policies, while leading to larger losses in economic prosperity as measured by output loss, can significantly reduce death rates across the population, bring the death rates of the two groups closer together, and reduce the inequality that emerges post epidemic.
Neef, Andreas, 'Legal and Social Protection for Migrant Farm Workers: Lessons from COVID-19' [2020] Agriculture and Human Values (advance article, published 19 May 2020) < https://www.ncbi.nlm.nih.gov/pmc/articles/PMC7235435/ > Abstract: Introduction: In most countries, the COVID-19 pandemic has led to a reassessment about whose work is deemed essential. Citizens and their governments have come to realize the importance of maintaining reliable food supplies during a global health crisis, and there is broad agreement that farmers and farm workers at the very beginning of the food chain are undeniably essential. Yet, what is now more apparent than ever before is to what extent national food systems in the Global North have become dependent on migrant farm workers. Until recently, hundreds of thousands of these temporary, precarious, and oftentimes unregistered workers have secured the supply of fresh fruits and vegetables for consumers, but border closures and suspension of visa services have thrown many of them into legal limbo, social uncertainty, and economic distress.
Negi, Chitranjali, 'Human Rights Violations of Migrants Workers in India During COVID-19 Pandemic' (SSRN Scholarly Paper ID 3629773, 17 June 2020) Abstract: 'No work is insignificant. All labor that uplifts humanity has dignity and importance and should be undertaken with painstaking excellence.'-Dr. Martin Luther King Jr. Today, the important issue is how to save the human rights & dignity of migrant workers The problems of migrant workers have become very important in many developing countries of the world. Migration of labour started in India during the period of British colonial rule. The National Commission on Rural Labour in India (NCRL,1991) estimates more than 10 million circular migrants in the rural areas alone. These include an estimated 4.5 million interstate migrants and 6 million inter-state migrants in India. One of the reasons behind the Human Rights Violation of State Migrants workers in India are political and economic. State Migrants are outsiders in other State, they do not vote and thus cannot put governments under electoral pressure.On 24th March 2020, the Government of India ordered a nationwide lock down in India- starting midnight to stop the Corona virus from spreading in Country. Lock down in India has impacted millions of migrant's workers. Lack of food and basic amenities, loss of employment, fear of unknown and lack of social support were major reasons for struggle in this huge part of population. Due to the lock-down, more than three hundred deaths were reported, with reasons ranging from starvation, suicides, exhaustion, road and rail accidents, police brutality and denial of timely medical care. Eighty migrants died while travelling back home on the Shramik Special trains. Several incidents, viral videos of police misbehavior, brutality (beating with cane-charged) on migrant workers, have been reported from across the country.The Indian Judiciary has also not protected itself in glory by failing in its duty to protect the rights and dignity of migrant labour citing the ground of non-interference in policy. India is a founding member of the ILO and it has been a permanent member of the ILO Governing Body since 1922. India has ratified six out of the eight-core/fundamental ILO conventions. India has not ratified the two core fundamental conventions (Convention No 87,98). It is necessary to maintain important aspects of labour standards & labour rights (Migrants Rights) and aim of achieving a system where there are no barriers to the smooth process of the Rule of Law.
Newman, Annie and Irina Freilekhman, 'A Case for Regulated Industrial Democracy Post-Covid-19' (2020) 45(2) New Zealand Journal of Employment Relations (advance article, published 14 December 2020) Abstract: Covid-19 is reshaping the domestic workforce. Thousands have lost their jobs throughout this pandemic, and we are seeing a decline in private sector unionism that is unlikely to recover under the current regulatory settings. The implications for democracy are considerable. Using the aviation industry as an example, this article defines industrial democracy, provides an insight into industrial democracy in New Zealand, and argues the case for the regulation of industrial democracy post-Covid-19.
O'Connor, Niall, 'The Right to Work and Rights in Work during the Coronavirus Pandemic: The Response of the United Kingdom' in Carla Ferstman and Andrew Fagan (eds), Covid-19, Law and Human Rights: Essex Dialogues (School of Law and Human Rights Centre, University of Essex, 2020) 137-145
<http://repository.essex.ac.uk/28032/>
Phillips, Edward R and Brandon L Morrow, 'Employment Law: Navigating the New Paid-Leave Mandates' (2020) 56(5) Tennessee Bar Journal 16-19 Introduction: The Families First Coronavirus Response Act (FFCRA) represents the second phase of Congress's response to the COVID-19 crisis. The FFCRA provides eligible employees with paid sick leave through the use of two new acts: (1) the Emergency Paid Sick Leave Act (EPSLA) and (2) the Emergency Family and Medical Leave Expansion Act (EFMLEA). These provisions took effect on April 1, 2020 and expire on Dec. 31, 2020. Additionally, the new law includes refundable payroll tax credits for employers who are required to provide paid leave under the EPSLA or EFMLEA.
Philpott, Jane, 'A View from the Front Lines of a COVID-19 Outbreak' in Colleen M Flood et al (eds), Vulnerable: The Law, Policy and Ethics of COVID-19 (University of Ottawa Press, 2020) 463 Abstract: This chapter offers a narrative of a COVID-19 outbreak at Participation House Markham. It is a not-for-profit group home for adults with disabilities, established in 1972 by the Cerebral Palsy Parent Council of Toronto. With this outbreak, 95% of the home's residents were infected. Six of them died. Fifty-seven workers were infected. The story illustrates themes discussed elsewhere in this book, but focuses particularly on the role of the labour force in a care home. It notes the pre-pandemic vulnerability of any congregate setting without a full staffing complement. In any group home or long-term care facility, an infectious outbreak exacerbates workforce challenges, as workers may be exposed to the virus; become ill; or become restricted to a single place of employment. By describing the clinical cases of three residents in one group home, this chapter demonstrates why the shortage of nurses, personal support workers, kitchen staff, and others, would trigger a crisis in this institution or others like it. The chapter includes policy recommendations that are amplified elsewhere in this section. These could contribute to a national review of how to provide residential care for people living with disabilities in a manner that is safe, healthy, and dignified.
Pillai, Deepa and Leena Dam, 'Saga of Migrant Workers in India: Measures to Strengthen Social Security' (SSRN Scholarly Paper ID 3784814, 30 December 2020) Abstract: COVID-19 pandemic has thrown up bitter colors when India witnessed the large scale gory sage of reverse internal migration of unorganized workforce. As compared to intercontinental migration the degree of internal migration is twice. Displacement, lockdowns, loss of employment, starvation and social distancing provoked a frenzied course of mass return for internal migrants in India and other parts of the world. In India there is a peculiar trend of unorganized workforce migration. Out of 29 states and 7 union territories, few states dominate where migrants flock for seeking livelihood. The fleeing of migrants to their inherent origin has weakened the economic activities towards slowdown in the economic growth. This thematic review paper discusses the problems of the internal migrants and their state during and post lockdown announcements in India. The data included extracts of articles, opinions and reviews for which codes were recognized which lead to formulation of research themes. The review also highlights government interventions in addressing the challenges confronted by the internal migrants with social security. This study proposes an arrangement as migrant exchange at state level for efficient policy formulation and accomplishment of social security standards.
'Poland: Coronavirus: Impacts on Employment in Poland' [2020] (9 April) Lawyer (Online Edition) 1 Abstract: The article offers information on Crisis Act enacted by Poland for addressing the impact of coronavirus on employment. It mentions that an order to work from home can be given in any form, also verbally, however, employers should confirm such order to work from home in writing or in an official email or, in the absence of other possibilities, even by a text message.
Polomarkakis, Konstantinos Alexandris, 'Health and Safety at Work in the Time of COVID-19: A Social Europe Reckoning?' (2020) 11(4) European Journal of Risk Regulation Special issue: 'Beyond COVID-19: Towards a European Health Union' 864-883 Abstract: The shortcomings in the handling of COVID-19 highlighted the salience of health and safety at work and fuelled discussions surrounding the desirability of a European Health Union. This article conceptualises occupational health and safety at the European Union (EU) level as a key driver for the creation of a European Health Union. Through recourse to the area's roots and its relevance to the tackling of the COVID-19 pandemic, the benefits of putting occupational health and safety in the driving seat are set out. The implications of maintaining a healthy workforce are acute, from both a social and a public health perspective, especially in the time of a pandemic. Relying on a reflective approach that goes beyond the status quo, this article offers pragmatic yet imaginative proposals for strengthening the occupational health and safety acquis. The proposals act as the blueprint for health and safety in the workplace to lay the foundation for a European Health Union and advance the social dimension of the EU.
Potapova, Aleksandra, 'The Risk of Limitation of Attraction of Foreign Migrants to the Russian Agriculture Amid the Pandemic' (2020) 10(112) Monitoring of Russia's Economic Outlook 3-9 Abstract: The closure of borders between countries in the wake of the outbreak of the coronavirus COVID-19 suspended the flows of the international labor migration, thus creating risks to the agriculture, particularly, fruit farming and horticulture. In this survey, the information is presented on the employment of foreign workers in the agriculture of various countries, as well as the measures taken to solve the problem of labor shortages in different countries whose experience can be useful to Russia.
Powell, Catherine, 'Color of Covid and Gender of Covid: Essential Workers, Not Disposable People' (2021) 32(2) Yale Journal of Law and Feminism (forthcoming) Abstract: We live in a moment of interconnected pandemics. The COVID-19 crisis provides a window into the underlying pandemics of inequality, economic insecurity, and injustice. The viruses of sexism, racism, and economic instability are the pre-existing conditions of an unjust legal system -- baked into our nation at the Founding in the shadow of chattel slavery, female disenfranchisement, property requirements for voting rights, and dispossession of Native Americans. COVID-19 has not recreated these conditions, but instead has amplified the persisting inequalities upon which the nation was built. At the same time, the current viral moment reveals that we all share common vulnerabilities, making a vulnerability analysis particularly timely in gaining support for solutions. As commentators have observed, 'COVID-19 doesn't discriminate[, but] America does.' Even while unmasking deeply embedded structural inequalities, this moment of interlinked pandemics of disease, economic insecurity, and violence affects us all and has torn at the very fabric of the social contract we owe to each other and, in fact, depend on. I propose a new concept, 'viral convergence,' to both analyze this moment of interlinked crises and to utilize this moment, in which our share vulnerabilities are so clear, to theorize a way forward. The road ahead calls for legal paradigms that recognize both the need for universal and more targeted solutions. As Arundhati Roy suggests, we must both acknowledge the tragedy while also utilizing this crisis for transformational change by viewing the COVID-19 pandemic as a 'portal' to a more just and equal world.
Pratiwi, Citra Resmi Nanda Putri and Tri Lisiani Prihatinah, 'Employment Law System in the Covid-19 and New Normal Pandemic Periods' (2nd International Conference of Law, Government and Social Justice (ICOLGAS), 2020) 136-144 Abstract: The Ministry of Manpower on April 20, 2020 collected data on workers who were dismissed and sent home during the Covid-19 pandemic, around 2,084,593 workers from 116,370 companies have been sent home. To avoid a legal vacuum during the Covid-19 pandemic, the government issued an employment policy. Based on these problems, the authors conducted a study to find out how the legal steps and policies that have been taken by the government to deal with labor problems during the Covid-19 pandemic in Indonesia. The approach used is normative juridical by analyzing secondary legal materials by understanding law as a set of regulations or positive norms in the statutory system that regulates human life. This research discusses the policy on how the labor law that has been issued by the government is in accordance with the positive law. The government has carried out its obligation to protect the public from dangerous diseases through policies that have been issued since the Covid-19 pandemic until the implementation of the new normal. Although it still requires more specific special rules in an effort to protect employers and workers affected by Covid-19 and the economy in Indonesia.
Puaschunder, Julia M, Martin Gelter and Siegfried Sharma, 'Alleviating an Unequal COVID-19 World: Globally Digital and Productively Healthy' (Fordham Law Legal Studies Research Paper, 2020) Abstract: The novel Coronavirus-crisis raises attention to digitalization and healthcare prevention that opens opportunities to alleviate growing online and healthcare inequalities.In the wake of an already burgeoning digitalization revolution, the COVID-19 pandemic perpetuated digitalization. As affinity to information and communication technologies nowadays determines economic potential, technology-based inequality increases. Taxing digital analytics-driven economic growth could raise funds to offset technology disruption fallouts on a national level. On a global scale, equal access to internet connectivity around the world would help spread the benefits of digitalization equally and aid countries in catching up in international development endeavors. More than ever before in the history of modern workforce do employers and employees alike nowadays care about the overall well-being and physical interaction in a hygienic environment. The COVID-19 pandemic steered individuals to adopt technology to self-monitor healthy lifestyles, but also governments and employers to electronically track individuals for health safety purposes. With the overall immune system resiliency determining the severity of a COVID-19 infection, preventive healthcare implementation can be leveraged into a competitive advantage. Corporate Social Responsibility and corporate governance should incentivize preventive self-care as an innovative precautionary mean for lowering pandemic outbreak risks and boosting performance. Like in the Austrian Sozialpartnerschafts-model, stakeholder integration into corporate decision making could aid in reaching collective goals of a healthy workforce in an overall precautionary environment. Online healthcare technology offers most novel corporate governance and employer-employee interaction opportunities. Endogenous growth theory should include the workforce health status as a productive labor capital driver. Precaution should be factored in as a positive collective learning-by-preventing process, which includes group dynamics around hygiene but also monitoring of one's own and other's health status and care via health apps that also allow tracking human contact touchpoints for preventing COVID.
Rajaretnam, Thillagavathy and Angus Young, 'Social Media, Its Use at Work and More: An Australian Perspective' (2020) 26(6) Computer and Telecommunications Law Review 145-150 Abstract: Note: See in particular the section entitled 'The Future of Work, Covid-19 and Social Media'. Abstract: The internet and social media are powerful instruments for mobilisation of people across the world and there is little doubt that the digital technology and social media have a significant impact on many aspects of social life and beyond. What started as a new tool for person-to-person communication has become something more, including a marketing tool for businesses. Corporations are catching up with the use of social media. They have begun to embrace the social media revolution by harnessing the benefits of social media as a communication, engagement and marketing tool. On the other end of the scale, many organisations are sceptical about the benefits of social media and perceive it as an inefficient use of time. The use of social media is either strongly discouraged at work or banned entirely. Besides, social media is increasingly more important for businesses that could post unknown risks as well as opportunities with the advent of the fourth industrial revolution. Consequently, the use of social media platforms at the workplace deserves more attention.
Ranjith, PV and Aparna J Varma, 'Safety of Healthcare Workers in India' (SSRN Scholarly Paper No ID 3629428, 20 May 2020) Abstract: Health is one of our fundamental human rights and the role of workers in the healthcare system is inseparable. Health workers being the front line staff have more complicated situations to deal with especially in the wake of a pandemic like COVID- 19. WHO cautions that they are exposed to hazards that put them at risk of infection. Nevertheless, we are witnessing the relentless efforts put forth by health workers to reinstall the health care system in their respective countries. Amidst all this tension, another concern that derails the COVID-19 battle is the attacks happening against COVID-19 warriors around different parts of the country. This paper is a subjective personal introspection of the authors on the safety of health workers in India. The main objective of the study is to find out the different problems of safety faced by healthcare workers in India and measures to control them.
Rapuleng, Thabang, 'Days of Our Lives in the "New Normal": Retrenchments in Southern Africa Post COVID-19' (2020) 20(6) Without Prejudice 56-57 Abstract: The global COVID-19 pandenmic has brought about unprecedented changes to the employment landscape and thrust us into a 'new normal'. In looking beyond COVID-19, this article seeks to give a cursory overview of what constitutes an employment relationship, to determine whether an employment contract may be terminated on the basis of operational requirements and, lastly, to examine whether employees who have been retrenched on the basis of operational requirements are entitled to severance packages in Botswana, Lesotho, Mozambique and Namibia.
Rasnaca, Zane, 'Essential but Unprotected: Highly Mobile Workers in the EU during the COVID-19 Pandemic' (ETUI Research Paper, Policy Brief No 9/2020, 17 June 2020) Abstract: The Covid-19 pandemic has shown that highly mobile workers who frequently move either within or in and out of the European Union (EU) are irreplaceable during a public health crisis. Nevertheless, they often remain the least protected and most vulnerable.Measures introduced to protect workers in standard employment relationships during a public health crisis might not reach certain groups of highly mobile workers. As a result, they may become even more marginalised during a crisis.This is further exacerbated by such workers often being foreigners in their host countries. Both host and home countries fail to protect them adequately, and this can be even more pronounced for workers from third countries, outside of the EU.During the COVID-19 pandemic, pre-existing EU law has failed to protect highly mobile workers and, so far, the guidance and policy actions taken by the European Commission have failed them too.To enhance protection for highly mobile workers in the long term, a significant (upwards) convergence of social and labour law standards between countries and for different groups of workers is needed. In the medium term, a pan-European social safety net for crisis situations should be created, with the needs of highly mobile workers in mind. And in the short term, targeted emergency measures including both support and protective standards for this group of workers should be adopted, ideally at the EU level or, if not possible, at the national level.This policy brief's focus is on 'highly mobile workers', namely those workers whose place of employment is not a single Member State: they either regularly cross borders due to the nature of their work, work in multiple Member States, or cross a border every day in order to work in a Member State other than the one where they permanently reside (De Wispelaere and Rocca 2020).The following groups of workers are of interest here: international transport workers (drivers, seafarers and air crew members); seasonal workers; frontier workers, who travel to a country other than their own for work on a regular basis; and other types of highly mobile workers.
Rasyiid, Muhammad Danial Ar and Habib Adjie, 'Legal Due To The Party Layoff Due To Covid 19' (2020) 17(2) YURISDIKSI : Jurnal Wacana Hukum dan Sains 108-116 Abstract: Indonesia became one of the countries infected with Covid-19. This certainly has an impact that can harm the country and society. Therefore, the government issued a policy of Large-Scale Social Restrictions (PSBB) with the aim of deciding the spread of Covid-19. One of the impacts felt by the community with the presence of Covid- 19 is the Termination of Employment (FLE) carried out by several companies to workers on the grounds of force majeure or loss. This reasoning is controversial, bearing in mind that force majeure cannot be said to be a reason that can cause harm as in the Covid-19 outbreak, and is deemed to deviate from Article 164 Paragraph (3) of Law Number 13 Year 2003 concerning Labor.
Reid, Blake E, Christian Vogler and Zainab Alkebsi, 'Telehealth and Telework Accessibility in a Pandemic-Induced Virtual World' (University of Colorado Legal Studies Research Paper No 20-44, 14 July 2020) Abstract: This short essay explores one dimension of disability law's COVID-related 'frailty': how the pandemic has undermined equal access to employment and healthcare for Americans who are deaf or hard of hearing as healthcare and employment migrate toward telehealth and telework activities. This essay's authors--a clinical law professor; a computer scientist whose research focuses on accessible technology; and a deaf policy attorney for the nation's premier civil rights organization of, by, and for deaf and hard of hearing individuals in the United States--have collaborated over the past months on detailed advocacy documents aimed at helping deaf and hard of hearing patients and employers navigate the complex new circumstances of telehealth and telework. The essay presents a brief survey of some of the difficult issues the authors have encountered in trying to navigate the legal and technical dimensions of healthcare and workplace accessibility for deaf and hard of hearing Americans in a pandemic-induced virtual world.
Rothstein, Mark A and Julia Irzyk, 'Lawsuits of Last Resort: Employees Fight for Safe Workplaces during COVID-19' (The Hastings Center Bioethics Forum, 29 July 2020) Abstract: A worker whose employer is failing to provide adequate protections against SARS-CoV-2 generally has little legal recourse. The Occupational Safety and Health Administration (OSHA), which is charged with ensuring safe and healthful workplaces, has refused to enact an emergency temporary standard for COVID-19. Furthermore, OSHA has issued only two minor citations against employers for violating existing regulations, despite thousands of illnesses and deaths among essential workers in high-risk positions. A possible 'last resort' legal strategy is to sue under public nuisance law, but these actions are usually reserved for governmental entities and often precluded by the existence of a statute that addresses the general issue.
Rothstein, Mark A, Wendy E Parmet and Dorit Rubinstein Reiss, 'Employer-Mandated Vaccination for COVID-19' (2021) 11(5) American Journal of Public Health e1-e4 Abstract: The greatest challenge to vaccination against COVID-19 may be the reluctance of large numbers of individuals to be vaccinated, including in the workplace. Many employers want their employees to be vaccinated to prevent the spread of the virus, reassure all employees and customers, avoid potential liability, and advance public health. With medical and religious exceptions, mandatory vaccination is generally upheld, especially for health care and other hazardous employment. For most types of employment, however, employers should attempt to persuade employees of the safety and efficacy of vaccination, and they should facilitate rather than coerce compliance.
Ruslina, Elli and Rita Sekarsari, 'Legal Protection of Medical Staff in Hospitals during The Covid-19 Pandemic Era' (2020) 1(1) International Journal of Latin Notary 29-35 Abstract: This research begins with the Covid-19 pandemic which requires serious control because it has had a dangerous impact on society, especially health workers in hospitals. The research focus is aimed at the legal protection of health workers in hospitals and the state's responsibility for health workers. The research method used is library research, which is a method used by studying literature such as books, legislation and articles, journals related to the subject matter. Primary data used in field research, through interviews with related parties, namely hospitals and health workers. The focus of the discussion is to emphasize more on laws and regulations related to Social Distancing / Physical Distancing policies as regulations for legal protection of health workers as the frontline and state responsibility for health workers. The results showed that various laws and regulations as a policy for handling Covid-19 cannot be realized concretely in the field because they are related to different bureaucracy and implementation. The role of the state in the responsibility for health workers is not The responsibility of the state in this case is that the Government and Administrators of Health Service Facilities are obliged to ensure the sustainability of the availability of standardized Personal Protective Equipment (PPE) for health workers who work in health service facilities.
Saenz, Rogelio and Corey Sparks, 'The Inequities of Job Loss and Recovery Amid the COVID-19 Pandemic' (University of New Hampshire, Carsey School of Public Policy, National Issue Brief No 150, 10 August 2020) Extract from Introduction: This research is one of the first efforts to provide a broad and comprehensive overview of the inequities in job loss and recovery over the last several months of the pandemic. Our analysis highlights the wide variations in unemployment and the level of job loss over the last several months that have taken place to date across the nation's demographic groups that have historically suffered disparities in the workforce, including persons of color, women, and immigrants. It is particularly unfortunate that the calamity of the pandemic comes on the heels of major improvements in job prospects that these groups made over the last decade, as the workforce emerged from the Great Recession.
Salikova, Natalya Mikhailovna and Elena Maratovna Batukhtina, 'Problems of Legal Regulation of Distance and/or Remote Labor: Pandemic Testing' in XIV European-Asian Congress 'The Value of Law' (EAC-LAW 2020) (Atlantis Press, 2020) 350-360 Abstract: This paper deals with the legal regulation of distant and/or remote labour. The new needs of the society caused by the pandemic of a new coronavirus infection (Covid-19) are not only to create an urgent regulatory framework for distant (and/or remote) workers, but also to carefully and strictly observe the balance of rights in employee-employer relations....
Selberg, Niklas, 'The ILO Response to Covid-19: ILO and International Labour Standards in Times of a Pandemic' (2020) 13(1) Italian Labour Law e-Journal 161-185 Abstract: In 2017, ILO issued recommendation no. 2015 on employment and decent work for peace and resilience, which is an international labour standard of particular relevance and importance for managing the labour market in times of crisis, and especially so in the wake of the Covid-19 pandemic. A body of generally applicable international labour standards provides social protection to workers during the pandemic and applies to the challenges to the labour market in such times. The Report describes the labour policy of ILO and international labour standards in relation to the Covid-19 pandemic, as well as ILO's concrete response to the present crisis. Finally, the Report presents a reminder that ILS and social protection in the future must be able to handle social risks resulting from biological vulnerabilities on part of workers and the importance of the principle of universality in social protection.
Sen, Shuvro et al, 'The Unprecedented Pandemic "COVID-19" Effect on the Apparel Workers by Shivering the Apparel Supply Chain' (2020) 11(3) Journal of Textile and Apparel, Technology and Management 1-20 Abstract: COVID-19, known as a pandemic, affects the global economy. ILO declared this virus as a labor market and economic crisis. This study has been conducted for understanding the effect of COVID-19 on the apparel industry and the apparel manufacturing workers. This is a descriptive study, following the inductive procedure. The relevant information has been collected from the current academic literature, newspapers, reports publications, and relevant web pages. An online interview with the manufacturers, policymakers, trade unions, researchers, and academicians has been conducted for primary information collection. This study has found that the apparel industry is one of the most affected industries among the other industries by COVID-19. The retailers' shops are being closed with having zero turnovers which leads to ordering cancelation to the manufacturing factories. Bangladesh's apparel manufacturing industry is also drastically affected due to COVID-19. The factories can't pay the workers' salaries in this critical situation. Therefore, millions of workers have been sent home without their wages. Sometimes, it has predicted that the workers would lose jobs due to factory closure. The Government took lots of initiatives i.e. tax rebates, reduce VAT, financial support to the owners to pay the workers' wages, loan installment rescheduling, etc. Albeit, these initiatives were taken for the welfare of the factory owners and the workers remain oppressed. So, a proper policy strategy is indeed an emergency to support the destitute workforce during the COVID-19 as well as in future financial crises that can happen due to this kind of epidemic or any reason. This study will be supportive to the stakeholders of this sector to learn the impact of COVID-19 on the workers and make the necessary adjustment for the future betterment.
Singh, Swarnima, 'Dilution of Labour Laws: Hidden Exploitation of Migrant Labourers Before Lockdown, Increase after Lockdown' (SSRN Scholarly Paper No ID 3662079, 28 July 2020) Abstract: Migrant workers are beneficial and important factors for the economy where as their life is full of scarce, vulnerable and exploitation. In Globalization, profit motive capitalism emerged through which overuse of resources and worker exploitation occurs.For maintaining dignity and reducing the exploitation over labours government intervention took place by introducing labour laws. But due to the upcoming scenario Covid-19 pandemic affects the economy. Production becomes stagnant. So to maintain the pace of the economy the government has removed various labour laws which may affect the life of migrant labourers. Definitely it has seen the economy is somehow dependent on labourers. But now the economy is going to be stable at the cost of migrant workers. This study is an attempt to analyse the extent of labour laws followed in the grassroot level before lockdown and in which way it has increased after lockdown and unlock condition.
Singhi, Shruti and Anirudh Tagat, 'Lawless: A Policy Perspective on Labour Laws and Migrant Workers Displaced by COVID-19' (SSRN Scholarly Paper ID 3756097, 14 October 2020) Abstract: Many of India's 19mn migrant workers have been displaced as a result of the COVID-19 pandemic and associated lockdown. Save for a select few that received assistance from their employers and local governments, many migrants were left to make their own arrangements to return home. This paper investigates the role of labour laws and policies in overcoming the adverse effects of the COVID-19 pandemic, and this unequal impact on migrant workers. Given that consolidation and strengthening of labour laws and codes in India is a recent phenomenon, this paper argues that there is an opportunity to account for vulnerabilities faced by migrant laborers in particular. We review recent bills such as the Occupational Safety, Health and Working Conditions Code recently passed by Parliament (2020). We provide a roadmap of labour laws and policies potentially required to safeguard migrant and minimum wage labourers from such shocks in the future.
Skandalis, Ioannis, 'Labour Law Measures Adopted in Response to Covid-19 in Greece' in Ewoud et al Hondius (ed), Coronavirus and the Law in Europe (Intersentia, 2020) Abstract: Several urgent labour law measures have been adopted in Greece as a response to COVID-19 through consecutive Legislative Acts, which were further clarified through numerous Ministerial Decisions. For this purpose, the Greek government resorted to an extraordinary fast-track legislative procedure provided by Greek constitution, which enables the executive power to legislate in cases of emergency. Said measures are subsequently ratified by law. The adopted labour law-related measures aimed to inject some flexibility in the labour market and to guarantee a basic level of income by the state for those employees, whose employment contracts were suspended, by also safeguarding the maintenance of as many working positions as possible. The purpose of this contribution is to present these measures by emphasising on the interpretative issues that they set.
Slinn, Sara J, 'Protected Concerted Activity and Non-Unionized Employee Strikes: Worker Rights in Canada in the Time of COVID-19' (2021) 57(3) Osgoode Hall Law Journal 605-635 Abstract: During the pandemic employees in the US have engaged in a wave of strikes, protests and other collective action over concerns about unsafe working conditions, and many of these involved non-unionized workers in the private sector. Similar employee protests were notably absent in Canada. This article examines the differences in labour legislation between the US and Canada which may help to explain these diverging experiences, primarily: the National Labor Relations Act (NLRA) section 7 protection for concerted activity, and the NLRA section 502 ability for a good faith strike due to abnormally dangerous conditions for work. This article outlines and compares the situation of, and consequences for, three categories of workers engaging in a strike over fears of workplace safety: unionized employees, non-unionized employees, and non-employees, such as independent contractors under the NLRA compared to under the Ontario Labour Relations Act (OLRA), as generally representative of Canadian labour legislation. In the final section, this article considers how a statutory provision similar to the NLRA protected concerted activity provision might be incorporated into Canadian labour legislation such as the OLRA. It also considers some more fundamental questions that such changes might prompt policymakers to reconsider, including: the focus of our statutory system on 'organizing' collective action to the exclusion of 'mobilizing' collective action, and questions about the potential role of minority unionism in our labour legislation system.
Solnica, Amy, Leonid Barski and Alan Jotkowitz, 'The Healthcare Worker at Risk during the COVID-19 Pandemic: A Jewish Ethical Perspective' (2020) 46(7) Journal of Medical Ethics 441-443 Abstract: The current COVID-19 pandemic has raised many questions and dilemmas for modern day ethicists and healthcare providers. Are physicians, nurses and other healthcare workers morally obligated to put themselves in harm's way and treat patients during a pandemic, occurring a great risk to themselves, their families and potentially to other patients? The issue was relevant during the 1918 influenza epidemic and more recently severe acute respiratory syndrome epidemic in 2003. Since the risk to the healthcare workers was great, there was tension between the ethical duty and responsibility to treat and the risk to one's own life. This tension was further noted during the 2014 Ebola outbreak in West Africa that left hundreds of healthcare workers dead. The AMA Code of Ethics states that physicians are to 'provide urgent medical care during disasters...even in the face of greater than usual risk to physicians' own safety, health or life.'1 Classic Jewish sources have dealt with this question as well. There is an obligation 'to not stand by idly when your friends life is in danger'; however, the question arises as to whether there are limits to this obligation? Is one required to risk one's own life to save another's? There is a consensus that one is not required but the question open to debate is whether it is praiseworthy to do so. However, regarding healthcare workers, there is agreement for ethical, professional and societal reasons that they are required to put themselves in harm's way to care for their patients.
Spies-Butcher, Ben, 'The Temporary Welfare State: The Political Economy of Job Keeper, Job Seeker and "Snap Back"' (2020) 85 Journal of Australian Political Economy 155-163 Abstract: The Coalition Government's response to the COVID crisis appears, at least temporarily, to have upended political economic certainties. Having only recently won an election fighting for lowers taxes and less spending, the Government announced the unemployment benefit would (temporarily) be doubled through a new JobSeeker payment. In amidst a renewed attempt to pass anti-union legislation, Coalition Ministers now lined up to praise ACTU Secretary Sally MacManus, who in turn praised the Government for implementing JobKeeper, a version of the union's call for a wage subsidy.
Srinivasan, Vinithra and Varun Srinivasan, 'Employment Issues During COVID-19 Crisis: An Analysis of the MHA's Order' (SSRN Scholarly Paper No ID 3595983, 5 May 2020) Abstract: The COVID-19 crisis, declared as a pandemic by the Director General of WHO on 11.03.2020, in addition to having a significant and highly disastrous impact on the lives of people world over, has had and will continue to have an apparent and heavy influence on all industries, globally. Even in the most automated industries, people are at the fulcrum and so when contemplating cost-cutting, to stay afloat on such troubled waters, companies find it an inevitable step to cut down on their manpower, either in the form of job cuts or more prevalently, salary / wage reductions. However, at the same time, there is also a necessity to ensure protection for these personnel during these tough times while also equally safeguarding and balancing the interests of both the company and the employees. In this context, the Indian Government has taken the initiative through the recent Ministry of Home Affairs ('MHA') Order dated 29.03.2020, among other notifications/guidelines issued by other departments, stating that employers are required to pay full wages to all workers, the non-compliance of which would attract penal consequences. The said order has been recently challenged before the Supreme Court, in which matter the Trade Unions have also sought to be impleaded, and which Order has also been challenged by another petition as well; however, the Supreme Court for the interim has not provided any stay and has sought for the Government's response on the said Order. In the meanwhile, the Central Government has extended the lockdown till the 17th of May, 2020, continuing the effect of the Order dated 29.03.2020. Further, penal consequences are also being enforced against employers for non-compliance of the said Order. Therefore, considering the fact that the Supreme Court has not granted stay over the said Order, this article seeks to analyse the Order's impact in the context of the prevailing labour laws in India, while also considering whether the Order can be said to be all encompassing in its application, without delving into the grounds such as arbitrariness, unreasonableness, amongst others, which have been raised in the Petitions.
Suherman, Suherman and Alda Damayanti Putri, 'Legal Protection on Workers' Unilateral Wages Deductions Due to the Covid-19 Pandemic' (2020) 7(10) International Journal of Multicultural and Multireligious Understanding 445-457 Abstract: In 2020, the presence of the Covid-19 Virus has had an impact on many sectors in human life. The impact of this virus is not only on the health sector but also spreads to the economic sector, especially business. The difficulty of business activities in Indonesia amid the Covid-19 pandemic has caused many companies to decide to cut the wages of their workers. However, problems arise when several companies violate the rights of their workers by unilaterally cutting workers' wages which are not in accordance with the existing regulations in Law no. 13 of 2003 concerning Manpower, Government Regulation no. 78 of 2015 concerning Wages, and more specific regulations in the midst of a pandemic through the Minister of Manpower Regulation No. M/3/HK.04/III/2020 concerning Protection of Workers/Laborers and Business Continuity in the Context of Prevention and Overcoming Covid-19. This research uses empirical normative method. In normative research, the type of data used was secondary data, which consisted of primary, secondary and tertiary legal materials. While empirical research, using primary data in the form of answers that could be obtained in the field. The specific objective that will be achieved in this research is how to protect the law against workers who cut wages to their workers.
Sullivan, Charles A, 'Noncompetes in a Downsizing World' (SSRN Scholarly Paper ID 3775706, 29 January 2021) Abstract: As the nation confronts multiple federal and state attacks on employee noncompetition agreements (NCAs), one issue has remained relatively obscure: may an employer that terminates a worker for reasons not related to performance nevertheless enforce an NCA? A scattering of cases mostly holds no, and the recent Restatement of Employment Law's agreement with those decisions is likely to be very influential for the great majority of jurisdictions that have not yet addressed the question but may be forced to in light of massive COVID-related layoffs. This Article supports the Restatement's proposed rule, while exploring the fascinating doctrinal and policy issues implicated in the question. Ultimately, it sees the rule as rooted in concerns about fairness to employee that are typically given short shrift in current doctrine. This is true even for a Restatement that otherwise seems decided to opt for an economic approach that would validate NCAs that are 'reasonably tailored' to defined legitimate employer interests.Adoption of a rule denying enforcement in such situations also poses some interesting second-order questions, such as how to determine when a termination is performance-related and probable employer responses to a new dispensation. All are explored in the pages that follow.
Terman, Sharon, 'Protecting Workers' Jobs and Income During COVID-19' in Scott Burris et al (eds), Assessing Legal Responses to COVID-19 (Public Health Law Watch, 2020) 205-210 Abstract: The COVID-19 pandemic has exposed and exacerbated the harmful impacts of disparities in access to workplace supports like paid leave and unemployment benefits, and has led to worsening economic conditions for people already living on the margins. Workers in the United States have long experienced a crisis around care - too often having to risk their jobs and income when they or their loved ones become ill. The United States is one of the only countries in the world without universal, guaranteed, job-protected paid leave. A complex patchwork of laws allows some workers to take time off work to care for themselves and their families, but low-wage workers are often excluded from coverage or otherwise face barriers to accessing these protections. The unemployment insurance system provides temporary, partial wage replacement to those who lose their jobs through no fault of their own. But some workers, including undocumented immigrants, are excluded, and cumbersome rules and administrative obstacles prevent many others from accessing benefits. In March 2020, Congress enacted temporary emergency paid sick and family leave for the first time, as well as expanded unemployment benefits, but both programs have serious gaps that disproportionately impact women, people of color, low-income workers, and immigrants. This Chapter examines the income and job protection policy responses to COVID-19 and recommends additional solutions that center the needs of low-wage workers and families, and prioritize racial and gender equity and access for immigrants.
Tham, Joo-Cheong, 'The COVID-19 Crisis, Labour Rights and the Role of the State' (2020) 85 Journal of Australian Political Economy 71-83 Abstract: This article assesses the impact of the COVID-19 crisis on labour rights in Australia. It considers this impact according to three labour rights (the right to work; the right to social protection; the right to safe and healthy working conditions) and three cross currents (the forces of inequality; the increase in employer power; social dialogue).Threading through this analysis are the relevant international labour standards, particularly the standards set by International Labour Organisation (ILO). These standards are normative standards - they point to what is morally significant.They also assist in considering how the COVID-19 crisis has altered the role of the state in relation to labour rights. Before the crisis, this role corresponded with neoliberal understandings of a market-friendly and minimal state. By comparison, international labour standards offer a different understanding of the role of the state - a social democratic understanding where the state performs an active role in regulating the market in the interest of promoting decent work. What seems to be emerging from the crisis is, however, a state that is neither fully neoliberal nor social democratic - a 'JobMaker' state.
'The HSA Covid-19 Inspections Approach Set Out Clearly' (2020) 25(6) Health & Safety Review 16-17 Abstract: Highlights comments made by P J Claffey, Project Manager of the Irish Health and Safety Authority's field inspectorate, on the four key questions inspectors will raise during their mandated COVID-19 workplace inspections concerning employers' compliance with the Irish Government's Return to Work Safely Protocol and their duties under the Safety, Health and Welfare at Work Act 2005.
'The Practical NLRB Advisor: The NLRA in a Pandemic' [2020] (Winter) Labor Law Journal 189-219 Abstract: The article focuses on application of National Labor Relations Act (NLRA) and activity of National Labor Relations Board (NLRB) during COVID-19 pandemic. Topics discussed include United Auto Workers (UAW) successfully negotiated partial pay for bargaining unit members who were furloughed for six weeks and fought for employee rights; employees are entitled under the NLRA to engage in concerted actions in an attempt to improve their working conditions and refusal to work due to COVID-19.
Travis, Michelle A, 'A Post-Pandemic Antidiscrimination Approach to Workplace Flexibility' (2021) 64 Washington University Journal of Law and Policy (forthcoming) Abstract: The dramatic workplace changes in the wake of the global pandemic offer courts both an opportunity and an obligation to reexamine prior antidiscrimination case law on workplace flexibility. Before COVID-19, courts embraced an essentialized view of workplaces built upon a 'full-time face-time norm,' which refers to the judicial presumption that work is defined by long hours, rigid schedules, and uninterrupted, in-person performance at a centralized workspace. By applying this presumption to both accommodation requests under the Americans with Disabilities Act of 1990 and to disparate impact claims under Title VII of the Civil Rights Act of 1964, pre-pandemic courts systematically undermined antidiscrimination law's potential for workplace restructuring to expand equal opportunities for individuals with disabilities and for women with disproportionate caregiving responsibilities. This Article demonstrates how employers' widespread adoption of flexible work arrangements in the wake of COVID-19--including telecommuting, modified schedules, temporary leaves, and other flextime options--undermine these prior decisions and demand a new analysis of antidiscrimination law's potential to advance workplace flexibility.
Tucker, Eric, Leah Vosko and Sarah Marsden, 'What We Owe Workers as a Matter of Common Humanity: Sickness and Caregiving Leaves and Pay in the Age of Pandemics' (2021) 57(3) Osgoode Hall Law Journal 665-704 Abstract: Workers commodifying their time in labour markets are liable to become temporarily incapable of doing so because of sickness or caregiving responsibilities. While the risk is universal, it will be experienced very differently depending on social conditions and arrangements and social locations, such as gender, among others. In a society in which the vast majority of people are dependent on labour market incomes to survive, the consequences of being off work are severe, unless some protection and benefits are provided. Over time, Canada has developed a number leave and income-replacement schemes, but the COVID-19 pandemic revealed, in dramatic fashion, their limitations, leading to the adoption of temporary measures to address the crisis. This article, written from a feminist political economy perspective, provides an overview of the historical development of sickness and caregiving leave and pay arrangements set against the background of changing social and economic reproduction regimes. It then examines more closely the slow development of Canada's welfare state model of sickness and caregiving leaves and benefits since the 1970s, focusing on the federal government's enactment of special employment insurance benefits and statutory leave rights in British Columbia and Ontario. Next, it critically examines the limitations of that statutory regime, as it existed immediately prior to the outbreak of the COVID-19 pandemic in Canada, and then considers the expansion of sick and caregiving leave and pay provisions, enacted in response to the pandemic. The article then elaborates four principles to guide the future development of the sick and caregiving entitlements suggests ways of bringing the existing regime more into line with those principles. Finally, it sets out a few directions towards imagining a different regime that truly provides workers with what we conceive they are owed as a matter of common humanity.
Ud Din, Nizam et al, 'COVID-19 Crisis Shifts the Career Paradigm of Women and Maligns the Labour Market: A Gender Lens' (SSRN Scholarly Paper No ID 3589448, 5 April 2020) Abstract: This study attempt to examine the effect of the COVID-19 on women participation in the labor market. We have used the ILO and World bank data to determine how the recession affect women employment in a different region? And how current pandemic (COVID-19) affect women employment? The result shows that lower-middle-income, middle income and upper-middle-income group effect from any upcoming recession. Moreover, the labour market in the lower-income countries is already severe, and the current pandemic could further widen the gender gap. Among all women are associated with informal employment in any sector, tourism, food, and small enterprise would be suffered the most.
Wiley, Lindsay F and Samuel R Bagenstos, 'The Personal Responsibility Pandemic: Centering Solidarity in Public Health and Employment Law' Arizona State Law Journal (forthcoming) Abstract: The personal responsibility ethos that has driven the US response to the coronavirus pandemic has been ineffective, atomizing, and unjust. Restrictions on public services and private activities have disproportionately burdened people living in low-income households, people with disabilities, people of color, and women. At the same time, the severe illnesses and deaths that have continued to occur in spite of public health responses have been disproportionately concentrated among people of color, disabled people, and low-wage workers. This paper argues that fundamentally individualistic employment and antidiscrimination laws have undermined--rather than supported--disempowered workers' ability to protect themselves and others. The law has failed to protect people who live and work in congregate institutions (including nursing homes, prisons, jails, detention facilities, factories, and warehouses . . . and, perhaps soon, schools) and thus has failed to protect the broader communities with which these institutions are interconnected. Together, public health and employment laws have put the onus on individuals to adopt protective behaviors without providing them with the supports, accommodations, and protections they need to do so. We identify three key areas for reform to ensure more effective and just pandemic response--for this pandemic and the next one--built on a core commitment to social solidarity in public health law and employment and antidiscrimination law. First, public health law should prioritize supports that create the conditions required mitigate the spread of infection over punitive measures targeting individuals. Second, employment law should protect workers from infection, including through workplace safety, privacy, and antidiscrimination protections that enable them to adopt protective health behaviors. Third, for individuals for whom returning to work would be especially unsafe--whether because their employers maintain particularly dangerous conditions or because of their own, or their family members', underlying health conditions--employment law should remove any obligation to return to work while the special dangers associated with the pandemic persist. In addition to making concrete proposals for reform, our argument contributes to the academic literature in both public health and employment law. First, we show that a broad vision of public health law that encompasses action on the social determinants of health in 'non-health' sectors such as employment and antidiscrimination law is not only tenable, but essential. The US experience with the coronavirus pandemic puts the final nail in the coffin of the 'old' public health, which its cramped focus on microbial and behavioral interventions. Second, we bring to the foreground an additional justification for employment and antidiscrimination law--to promote solidarity by ensuring that the burdens and benefits of measures that serve the public as a whole are shared equitably. Social solidarity may offer a useful way of understanding the application of these bodies of law in other health-related contexts as well, such as genetic discrimination and workplace injuries. Third, we show that the attribution of fault and responsibility is a persistent obsession of employment and antidiscrimination law. These points should be of broad interest to employment and public health law scholars alike.
Williams, J Corey et al, 'Reopening the United States: Black and Hispanic Workers Are Essential and Expendable Again' (2020) 110(10) American Journal of Public Health 1506-1508 Introduction: By May 15, 2020, all 50 states had announced plans to reopen their economies. These plans emerged on the heels of an increasing awareness that COVID-19 had hit minority communities particularly hard, especially Black communities. Despite constituting only 13% of the US population, Blacks have made up 24% of the deaths from COVID-19 nationally, rendering them at least twice as likely to die from COVID-19 than are other groups. A recent survey from Johns Hopkins University and the American Community Survey indicated that the death rate for predominantly Black counties is sixfold higher than the rate in predominantly White counties. The disproportionate impact of COVID-19 on minority communities has been partly attributed to the racial composition of the workers in economic sectors deemed essential, including home health care, nursing homes, and community food and housing services. In these sectors, where employees are likely to come into contact with COVID-19 (i.e., high-contact jobs), Blacks and Hispanics are more likely to be employed than are Whites. Data from a recent McKinsey Report2 show examples from critical economic sectors where the laborers are predominantly people of color. For example, in jobs such as psychiatric aid, nursing assistant, and orderly, Blacks make up more than twice their relative proportion of the broader US population (i.e., 13%). Because it is difficult for these jobs to be performed remotely, racial minorities have shouldered more than their share of essential labor during the COVID-19 pandemic, and their communities have been disparately endangered as a result.
Williamson, Sue, Linda Colley and Sally Hanna-Osborne, 'Will Working from Home Become the "new Normal" in the Public Sector?' (2020) 79(4) Australian Journal of Public Administration 601-607 Abstract: The COVID-19 pandemic compelled large sections of the workforce out of their workplaces and into their homes to work. Many commentators suggest this has forever changed how and where we work. This article analyses how Australia's biggest employers - state and federal governments - approached the transitions to working from home, and back into regular workplaces. It considers the timing of policy responses to the pandemic as one indicator of resistance to, or acceptance of, widespread working from home. The article also demonstrates previous resistance to working from home for public servants, and questions widespread conjecture that it will become the 'new normal'.
Wilson, Claire, 'Manage the Risks of a Fire and Rehire Strategy' (2020) 213(September) Employment Law Journal 31-37 Abstract: Highlights the risks for employers who elect to 'fire and rehire' employees on new employment terms and conditions, instead of making them redundant following the expiry of the Coronavirus Job Retention Scheme. Offers advice on how employers can make changes to terms and conditions safely, and persuade employees to agree to the changes. Notes other ways in which employers might seeks to reduce costs without relying on dismissal and re-engagement.
Winlo, Camilla and Hannah Jackson, 'Additional Security Risks Arising from Home Working' (2020) 110(July) Privacy Laws & Business United Kingdom Newsletter 8-9 Abstract: Highlights additional measures which employers might wish to adopt, in light of the coronavirus pandemic, to guarantee data security and privacy as employees work from home more regularly. Sets out steps which organisations can take to mitigate the risks posed by remote working. Notes the changing regulatory approach of Information Commissioner's Office.
Wong, Patrick et al, 'COVID-19 Pandemic: Ethical and Legal Aspects of Inadequate Quantity and Quality of Personal Protective Equipment for Resuscitation' (2021) 74(1) Korean Journal of Anesthesiology 73-75 Extract: The legal duty to ensure that 'safety is reasonably practicable' is open to interpretation. If employers breach their duty of providing adequate PPE (in appropriate quantity and quality), they may be liable to prosecution depending on local regulations. Furthermore, negative publicity and legal risk may ensue [9]. On the other hand, disadvantages of non-disclosure include the inability to conduct investigations and provide treatment (e.g., counselling and isolation), risk of further transmission, and potential harm (e.g., COVID-19) [9]. To balance this, 'disclosure should be the norm, even when the probability of harm is extremely low'.
Yearby, Ruqaiijah, 'Protecting Workers That Provide Essential Services' in Scott Burris et al (eds), Assessing Legal Responses to COVID-19 (Public Health Law Watch, 2020) 193-198 Abstract: States and localities, which retain the right to protect the health and safety of their citizens, have designated more than 55 million Americans as 'essential workers' during the COVID-19 pandemic. Most essential workers are employed in health care (30%) and in food and agricultural (21%) (McNicholas & Poydock, 2020). A majority (76%) of all essential health care workers are women, while half of all essential food and agricultural workers are racial and ethnic minorities. Consequently, many women and racial and ethnic minorities are unable to shelter at home or socially distance themselves because they are deemed 'essential workers' (Yearby & Mohapatra, 2020). Even though these workers are deemed 'essential workers,' they have not been provided with the employment and safety protections (e.g., paid sick leave, health insurance, and workers' compensation) that are essential to keeping them and their families healthy and safe. To address the lack of economic protections, which is discussed in more detail in Chapter 28, essential workers should be provided with a guaranteed basic income, paid sick leave, health insurance coverage, and survivorship benefits regardless of their worker and/or immigration status (Yearby & Mohapatra, 2020). To keep workers from being killed or otherwise harmed at work, the government (federal and state) must issue mandatory health and safety laws and regulations that are aggressively enforced to prevent workplace COVID-19 infections and deaths. Finally, to ensure that essential workers and their families do not suffer financially if they contract COVID-19, the government (federal and state) and businesses should be financially responsible for the harm caused as a result of a worker's COVID-19 infection or death.
Yearby, Ruqaiijah and Seema Mohapatra, 'Structural Discrimination In COVID-19 Workplace Protections' (Saint Louis University Legal Studies Research Paper No 2020-09, 29 May 2020) Abstract: Workers, who are being asked to risk their health by working outside their homes during the COVID-19 pandemic, need adequate hazard compensation, safe workplace conditions, and personal protective equipment (PPE). Sadly, this is not happening for many essential workers, such as those working in home health care and in the meat processing industry. These workers are not only being unnecessarily exposed to the virus, but they are also not receiving paid sick leave, unemployment benefits, and affordable health care and childcare. The lack of these protections is due to structural discrimination and has disproportionately disadvantaged women of color and low-wage workers. This leaves them and their families more vulnerable to COVID-19 infection and death. In this context, structural discrimination refers to the ways in which laws are used to advantage those in power, while disadvantaging powerless workers. In the COVID-19 pandemic, the lack of legal protections for many workers is a reflection of structural discrimination.
Yigit, Yusuf, 'Evaluation of Emerging Working Conditions Following Mandatory Labor Law Changes Due to the New Coronavirus (COVID-19)' [2020] (78) Istanbul Hukuk Mecmuasi 265-297 Abstract: Our study discusses the individual labor law measures that have been taken and their effect on working life. Potential problems are addressed due to the outbreak of the new coronavirus (COVID-19). The main effect of compulsory and challenging changes to working life is the danger of redundancies and unemployment, as the production of goods and services shrinks significantly. Although some labor legislation measures have been designed to decrease the negative effects of the crisis, they are subject to certain conditions, and not every employee can benefit from this. The adverse effects of the COVID-19 pandemic on the economy cannot be eliminated and except for the short-time working allowance (although conditions have been alleviated) due to the temporary legislative regulations introduced (although conditions have been alleviated) cash fee support to those who cannot benefit from this payment has been given. In this situation, the employer has the right to suspend labor contracts unilaterally for three months for compelling reasons, therefore the right to terminate employment was restricted, and employers were banned from terminating employment contracts except for ethical and good conduct.
Zhang, Alex, 'Pandemics, Paid Sick Leaves, and Tax Institutions' (SSRN Scholarly Paper ID 3729500, 20 July 2020) Abstract: The COVID-19 pandemic is currently ravaging the world, and the United States has been largely unsuccessful at containing the coronavirus. One long-standing policy failure stands out as having exacerbated the pandemic in our country: the lack of a national mandate of paid sick leaves, without which workers face financial and workplace-cultural pressures to attend work while sick, thus spreading the virus to their fellow employees and the public at large.This Article provides the blueprint for a national, subsidized mandate of paid sick leaves and two additional insights about our tax institutions as mechanisms of effectuating broader societal goals. It first justifies a paid-sick-leave mandate on the grounds of market failures (both cognitive biases and externalities) and workplace equality. It also argues for the need of subsidies in order to protect lower-income workers from unemployment risks imposed by a national mandate. Second, the Article critically assesses the current federal legislative approach utilized in the Families First Coronavirus Response Act (FFCRA). The Article then proposes designing a national employer mandate of paid sick leaves funded by general-revenue business tax credits and providing partial wage replacement.This Article's discussion of paid sick leaves yields two insights about our tax institutions. First, it questions the role of payroll taxes, which are highly regressive, impose burdens almost exclusively on labor, and are normatively unjustified when the spending funded by payroll taxes benefits the broader non-wage-earning public. Second, the Article reveals the malleability of tax institutions with respect to funding, administrability, and costs. These comparative advantages of tax institutions make them perennially popular in times of crisis.
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