Pub Date : 2021-06-15DOI: 10.4337/9781800885042.00029
A. Blackham
{"title":"Working at the edges of legal protection: Equality law and youth work experience from a comparative perspective","authors":"A. Blackham","doi":"10.4337/9781800885042.00029","DOIUrl":"https://doi.org/10.4337/9781800885042.00029","url":null,"abstract":"","PeriodicalId":111145,"journal":{"name":"Internships, Employability and the Search for Decent Work Experience","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123537573","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-15DOI: 10.4337/9781800885042.00032
A. Stewart, R. Owens, Niall O’Higgins, A. Hewitt
This concluding chapter assesses the extent to which international and regional labour standards currently apply to internships (or traineeships), as well as the potential for the creation of new standards that might regulate the quality of these arrangements and extend appropriate labour and social rights to interns or trainees. We briefly review the different types of state regulation that have been developed or applied around the world, and examine the role that non-state regulators (such as employers, trade unions, educational institutions and professional associations) can and do play. We conclude by outlining some principles that can usefully guide the regulation of internships and help respond to the policy challenges explored throughout this book.
{"title":"Developing new standards for internships","authors":"A. Stewart, R. Owens, Niall O’Higgins, A. Hewitt","doi":"10.4337/9781800885042.00032","DOIUrl":"https://doi.org/10.4337/9781800885042.00032","url":null,"abstract":"This concluding chapter assesses the extent to which international and regional labour standards currently apply to internships (or traineeships), as well as the potential for the creation of new standards that might regulate the quality of these arrangements and extend appropriate labour and social rights to interns or trainees. We briefly review the different types of state regulation that have been developed or applied around the world, and examine the role that non-state regulators (such as employers, trade unions, educational institutions and professional associations) can and do play. We conclude by outlining some principles that can usefully guide the regulation of internships and help respond to the policy challenges explored throughout this book.","PeriodicalId":111145,"journal":{"name":"Internships, Employability and the Search for Decent Work Experience","volume":"149 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131989844","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-15DOI: 10.4337/9781800885042.00013
Paula McDonald, A. Stewart, D. Oliver
Unpaid interns appear to be a growing, yet uniquely vulnerable sector of the workforce. This chapter examines two fundamental assumptions supporting the proliferation of unpaid work experience: firstly, that it is possible to acquire a competitive advantage over peers in the labour market by participating; and secondly, that those who participate acquire enhanced employability and employment outcomes. Drawing on available evidence which challenges some of the espoused benefits of unpaid work, the chapter shows that as unpaid work experience becomes a central dimension of tertiary study, previous differentiation benefits are potentially erased. We also find mixed evidence on employment outcomes, although high-quality experiences appear to improve employment outcomes more than low-quality placements. Further research is warranted which addresses the economic and social impacts of work experience arrangements and closely interrogates why, how and at what cost work experience should be enhanced.
{"title":"Challenging the assumptions supporting work experience as a pathway to employment","authors":"Paula McDonald, A. Stewart, D. Oliver","doi":"10.4337/9781800885042.00013","DOIUrl":"https://doi.org/10.4337/9781800885042.00013","url":null,"abstract":"Unpaid interns appear to be a growing, yet uniquely vulnerable sector of the workforce. This chapter examines two fundamental assumptions supporting the proliferation of unpaid work experience: firstly, that it is possible to acquire a competitive advantage over peers in the labour market by participating; and secondly, that those who participate acquire enhanced employability and employment outcomes. Drawing on available evidence which challenges some of the espoused benefits of unpaid work, the chapter shows that as unpaid work experience becomes a central dimension of tertiary study, previous differentiation benefits are potentially erased. We also find mixed evidence on employment outcomes, although high-quality experiences appear to improve employment outcomes more than low-quality placements. Further research is warranted which addresses the economic and social impacts of work experience arrangements and closely interrogates why, how and at what cost work experience should be enhanced.","PeriodicalId":111145,"journal":{"name":"Internships, Employability and the Search for Decent Work Experience","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131701870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-15DOI: 10.4337/9781800885042.00008
A. Stewart, R. Owens, Niall O’Higgins, A. Hewitt
The purpose of this book is to bring together experts from around the world in labour law, employment relations and labour economics to explain what we know about the use and value of internships (or traineeships as they are sometimes called), and to discuss how they are or should be regulated. This introduction offers some preliminary explanations for the growth of internships, and highlights some of the ways in which both scholars and policy makers have sought to analyse and respond to that development. It explains how the rest of the book is structured and briefly summarises the contributions in it. The introduction concludes by saying something about the impact that the COVID-19 pandemic has had so far on internships and what it might mean for their use in the future.
{"title":"Internships: A policy and regulatory challenge","authors":"A. Stewart, R. Owens, Niall O’Higgins, A. Hewitt","doi":"10.4337/9781800885042.00008","DOIUrl":"https://doi.org/10.4337/9781800885042.00008","url":null,"abstract":"The purpose of this book is to bring together experts from around the world in labour law, employment relations and labour economics to explain what we know about the use and value of internships (or traineeships as they are sometimes called), and to discuss how they are or should be regulated. This introduction offers some preliminary explanations for the growth of internships, and highlights some of the ways in which both scholars and policy makers have sought to analyse and respond to that development. It explains how the rest of the book is structured and briefly summarises the contributions in it. The introduction concludes by saying something about the impact that the COVID-19 pandemic has had so far on internships and what it might mean for their use in the future.","PeriodicalId":111145,"journal":{"name":"Internships, Employability and the Search for Decent Work Experience","volume":"69 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132327088","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-15DOI: 10.4337/9781800885042.00016
Bernd Waas
{"title":"Rights and obligations in the context of internships and traineeships: A German perspective","authors":"Bernd Waas","doi":"10.4337/9781800885042.00016","DOIUrl":"https://doi.org/10.4337/9781800885042.00016","url":null,"abstract":"","PeriodicalId":111145,"journal":{"name":"Internships, Employability and the Search for Decent Work Experience","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129998525","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-15DOI: 10.4337/9781800885042.00020
R. Owens
This chapter uses the common law of Australia and the United Kingdom to assess what the regulation of internships can tell us about the scope and limits of labour law. In these and most other countries, the employment relationship is the touchstone for the protection of labour law, with employees usually distinguished from independent contractors. But some legal systems also deploy a purposive test that results in a regulatory separation of work from education or welfare, and a failure to protect those undertaking internships or traineeships. The chapter argues that for labour law to fulfil its purpose, a normative approach is needed which acknowledges that human rights standards should apply to all workers regardless of their employment status, which respects the fundamental principle that labour is not a commodity, and which seeks to ensure decent work for all.
{"title":"Work experience, the contract of employment and the scope of labour law: The United Kingdom and Australia compared","authors":"R. Owens","doi":"10.4337/9781800885042.00020","DOIUrl":"https://doi.org/10.4337/9781800885042.00020","url":null,"abstract":"This chapter uses the common law of Australia and the United Kingdom to assess what the regulation of internships can tell us about the scope and limits of labour law. In these and most other countries, the employment relationship is the touchstone for the protection of labour law, with employees usually distinguished from independent contractors. But some legal systems also deploy a purposive test that results in a regulatory separation of work from education or welfare, and a failure to protect those undertaking internships or traineeships. The chapter argues that for labour law to fulfil its purpose, a normative approach is needed which acknowledges that human rights standards should apply to all workers regardless of their employment status, which respects the fundamental principle that labour is not a commodity, and which seeks to ensure decent work for all.","PeriodicalId":111145,"journal":{"name":"Internships, Employability and the Search for Decent Work Experience","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132950395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-15DOI: 10.4337/9781800885042.00023
A. Hewitt
This chapter explores the common assumption that work experience undertaken by students as a part of their tertiary education is better regulated and of higher quality than ‘open market’ opportunities. It considers the educationally focused regulation of internships in Australia, England and France and contributes a ‘law in practice’ analysis of the effect of the existing regulatory regime on work integrated learning practice within Australian universities. Informed by data gathered in a series of 68 interviews conducted with individuals from 15 universities, the chapter considers how Australian universities are responding to, implementing, or overlooking the formal regulatory framework regarding work experience placements. This analysis contributes unique insights into how Universities are acting as regulators in the broad sense of the word and allows preliminary conclusions about the efficacy of educationally focussed regulation to be drawn.
{"title":"Universities as internship regulators: Evidence from Australia","authors":"A. Hewitt","doi":"10.4337/9781800885042.00023","DOIUrl":"https://doi.org/10.4337/9781800885042.00023","url":null,"abstract":"This chapter explores the common assumption that work experience undertaken by students as a part of their tertiary education is better regulated and of higher quality than ‘open market’ opportunities. It considers the educationally focused regulation of internships in Australia, England and France and contributes a ‘law in practice’ analysis of the effect of the existing regulatory regime on work integrated learning practice within Australian universities. Informed by data gathered in a series of 68 interviews conducted with individuals from 15 universities, the chapter considers how Australian universities are responding to, implementing, or overlooking the formal regulatory framework regarding work experience placements. This analysis contributes unique insights into how Universities are acting as regulators in the broad sense of the word and allows preliminary conclusions about the efficacy of educationally focussed regulation to be drawn.","PeriodicalId":111145,"journal":{"name":"Internships, Employability and the Search for Decent Work Experience","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122153748","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-15DOI: 10.4337/9781800885042.00028
Annika Rosin
The aim of this chapter is to explore whether the European Charter of Fundamental Rights (ECFR) can improve the protection of trainees by broadening the scope of national labour laws or the labour directives of the European Union (EU), or by creating new labour rights directly applicable to trainees. I argue that, despite the fundamental nature of many important labour rights, the limitations to the application of the ECFR, as well as the restrictive interpretation of its provisions, reduce the ability of the charter to improve the rights of trainees. However, the ECFR is a useful tool for the Court of Justice of the EU to broaden the personal scope of secondary EU legislation, and to contest national limitations to the application of fundamental labour rights. If EU and national labour law provisions were consciously interpreted in the light of fundamental rights, the rights of trainees would improve slightly.
{"title":"Fundamental rights broadening the scope of labour law? The example of trainees","authors":"Annika Rosin","doi":"10.4337/9781800885042.00028","DOIUrl":"https://doi.org/10.4337/9781800885042.00028","url":null,"abstract":"The aim of this chapter is to explore whether the European Charter of Fundamental Rights (ECFR) can improve the protection of trainees by broadening the scope of national labour laws or the labour directives of the European Union (EU), or by creating new labour rights directly applicable to trainees. I argue that, despite the fundamental nature of many important labour rights, the limitations to the application of the ECFR, as well as the restrictive interpretation of its provisions, reduce the ability of the charter to improve the rights of trainees. However, the ECFR is a useful tool for the Court of Justice of the EU to broaden the personal scope of secondary EU legislation, and to contest national limitations to the application of fundamental labour rights. If EU and national labour law provisions were consciously interpreted in the light of fundamental rights, the rights of trainees would improve slightly.","PeriodicalId":111145,"journal":{"name":"Internships, Employability and the Search for Decent Work Experience","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130226030","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-06-15DOI: 10.4337/9781800885042.00025
Amir Paz-Fuchs
{"title":"Trainees - the new army of cheap labour: Lessons from workfare","authors":"Amir Paz-Fuchs","doi":"10.4337/9781800885042.00025","DOIUrl":"https://doi.org/10.4337/9781800885042.00025","url":null,"abstract":"","PeriodicalId":111145,"journal":{"name":"Internships, Employability and the Search for Decent Work Experience","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-06-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128281014","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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