Download or read book Deregulation and Labour Law In Search of a Labour Concept for the 21st Century written by Roger Blanpain and published by Springer. This book was released on 2000-07-17 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the proceedings of the Fifth Japan Institute of Labour (JIL) Comparative Labour Law Seminar held in Tokyo in November 1998. Papers cover various aspects of globalization's erosion of many forms of protective labour legislation and the arrangements replacing this legislation.
Download or read book Deregulation and Labour Law In Search of a Labour Concept for the 21st Century written by Roger Blanpain and published by Springer. This book was released on 2000-07-17 with total page 198 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the proceedings of the Fifth Japan Institute of Labour (JIL) Comparative Labour Law Seminar held in Tokyo in November 1998. Papers cover various aspects of globalization's erosion of many forms of protective labour legislation and the arrangements replacing this legislation.
Download or read book Labour Markets Institutions and Inequality written by Janine Berg and published by Edward Elgar Publishing. This book was released on 2015-01-30 with total page 430 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour market institutions, including collective bargaining, the regulation of employment contracts and social protection policies, are instrumental for improving the well-being of workers, their families and society. In many countries, these instituti
Download or read book Regulating Employment Industrial Relations and Labour Law Intl Co written by Blanpain and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: The complexity of employment arrangements in various countries tends to make it difficult to understand them. Nevertheless, it is important to 'take stock' periodically, particularly from an internationally comparative perspective. This remarkable book is a giant step in that direction. It is especially valuable in the context of increasing globalisation. For each of nine key jurisdictions - the European Union, Germany, Sweden, United Kingdom, United States of America, Canada, New Zealand, Australia and Japan - experts present detailed information and analysis on key issues, shedding valuable light on trends in such specific areas of employment relations as the following: * atypical work and flexible work arrangements; * dispute settlement procedures such as negotiation, conciliation, mediation, arbitration and other forms of governmental or judicial intervention; * job security, anti-discrimination and gender equality; * recognition of unions and employers' associations and forms of employee representation; * how collective bargaining is regulated, whom the collective agreements cover and what they contain; * parental leave and childcare policy; * the capacity of individual agreements to override or not override collective agreements; * minimum wage levels; * overtime and shift work; and * paid leave entitlements. As a general framework, Part 1 offers an insightful summary of the underpinnings of current analysis of globalization, including discussion of the varieties of capitalism thesis, the divergence/convergence debate (with its models of bipolarization, clustering and hybridization), and elements of historical and political-economic path dependency in various cultures. The information gathered here furthers understanding of the increasing 'disconnect' between the prevailing institutional framework for employment relations and the sweeping changes that are taking place in the world of work. With this book's analysis, practitioners and policymakers will be able to overcome their dated assumptions and more effectively accommodate each others' interests in the face of the complex mix of continuity and change that they are confronting. The team of authors are experts in these countries. They are active in policy or legal analysis, business and/or scholarship.
Download or read book Labour Regulation in the 21st Century written by Pietro Manzella and published by Cambridge Scholars Publishing. This book was released on 2012-01-17 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic crisis has highlighted major shortcomings in the EU flexicurity strategy which, although suitable to tackle structural unemployment in a period of economic growth, it proved unable to stand the impact of the recession, which requires specific measures to maintain employment. Against this background, the authors of the present papers, which were presented at the International Scientific Conference “Labour Market of the 21st Century: Looking for Flexibility and Security”, on the occasion of the 370th Anniversary of the establishment of Vilnius University’s Faculty of Law, that took place on 12–14 May 2011, investigate the development of labour regulation in the 21st century, with particular reference to the relation between flexibility and security and to the need to strike a balance between these two elements. The contributions address the issue in a comparative and transnational perspective and provide some insights into the development of national models of flexibility and social security.
Download or read book The Notion of Employer in the Era of the Fissured Workplace written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2017-01-15 with total page 301 pages. Available in PDF, EPUB and Kindle. Book excerpt: The word 'fissured' aptly describes the effect on the workplace of the enormous retreat from direct employment on the part of large enterprises that began several decades ago and shows no sign of slowing down. Market-leading companies, even though they continue to wield considerable influence on the fate of actual workers, may thus be relieved of legal responsibility as employers. How extensive is this phenomenon? Do recourses exist in labour law? What ongoing trends can be discerned? This groundbreaking book tackles these questions and more, with thoroughly researched reports from ten of the world's leading market-driven economies - Australia, China, France, Germany, Japan, the Republic of Korea, Spain, Taiwan, the United Kingdom, and the United States. Recognizing that law should squarely grasp and tackle this new reality, the authors consider such questions as the following: - How far can current labour law go in determining the responsibility of persons who have no direct contractual relationship with the workers? - Do other measures such as soft law or reputation mechanisms in the market deal with the undesirable consequences of the fissurization more properly? - What managerial motives and socioeconomic backgrounds give rise to such fissurization? - What distinct phenomena compose fissuring? - Are measures available to protect workers that go beyond the boundary of the legal entity (e.g., initiatives toward piercing the corporate veil)? Each contributor describes, for his or her country, how far the fragmentation and externalization of employment has gone, current legislation protecting workers in a multilayered contractual relationship or indirect employment relationship (e.g., on health and safety, wages, bargaining, dismissal), and emerging developments and trends. This book ably responds to the question posed by a recent study: Why has work became so bad for so many and what can be done to improve it? Although concerned scholars worldwide will rally to the call, the reports in this volume will also be of great practical value to business persons and labour and employment lawyers everywhere.
Download or read book The Modernization of Labour Law and Industrial Relations in a Comparative Perspective written by Silvia Spattini and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not all labour law and industrial relations scholars agree on the efficacy of the comparative approach - that the analysis of measures adopted in other countries can play a constructive role in national and local policy-making. However, the case deserves to be heard, and no better such presentation has appeared than this remarkable book, the carefully considered work of over 40 well-known authorities in the field from a wide variety of countries including Australia, France, India, Israel, Peru, Poland, and South Africa. The volume contains papers delivered at a conference sponsored by the Marco Biagi Foundation at the University of Modena and Reggio Emilia in March 2008.
Download or read book Employment Relations in the 21st Century written by Valeria Pulignano and published by Kluwer Law International B.V.. This book was released on 2019-11-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.
Download or read book New Developments in Employment Discrimination Law written by Oana ?tefan and published by Kluwer Law International B.V.. This book was released on 2012-11-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates’ General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several ‘champion’ instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs – all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal ‘hybrids’; the judicial review of soft law; the potential use of soft law as a ‘sword’ or as a ‘shield’ in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.
Download or read book Game Changers in Labour Law written by Frank Hendrickx and published by Kluwer Law International B.V.. This book was released on 2018-03-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The renowned international labour law scholars contributing to this incomparable volume use the term ‘game changers’ to refer to evolutions, concepts, ideas and challenges that are having, or have had, major impacts on how we must understand and approach labour law in today’s global economy. The volume derives from an international conference organized by the Institute for Labour Law at the University of Leuven, Belgium in November 2017. This initiative is pursued in the spirit and with the methods of the late Emeritus Professor Roger Blanpain (1932–2016), a great reformer who continuously searched for key challenges in the world of work and looked as far as possible into the future, engaging in critical reflection and rethinking the design of labour law. While seeking to identify the main game changers, the authors explore new pathways and answers which may help to understand and shape the future of work. This is the 100th of Kluwer’s Bulletin of Comparative Labour Relations, a series Professor Blanpain launched nearly fifty years ago. The contributors address, and reflect on, such vital issues and topics as the following: – the ‘gig’ economy; – core labour law values; – freedom of association; – non-standard employment; – the rise of the service sector; – employment and self-employment; – the European Pillar of Social Rights; – app-based work; – algorithms as controls in the workplace; – collective bargaining rights and the right to strike; – the role of temporary employment agencies; and – termination of the employment relationship. There are also chapters devoted to specific issues in France, Italy, the United Kingdom, Estonia, China and the United States. Roger Blanpain consistently reminded us that labour relations are power relations. Although this book shows that the power balance is tipped towards employers in today’s world, what is nevertheless very clear is that labour law can play a crucial role in re-enlivening equitable outcomes, fairness, decent work and social justice in our contemporary and future societies, and that academia can help to understand, guide and shape that future. For this reason, this book will be invaluable to professionals in labour relations, whether in the academic, policy or legal communities.
Download or read book Deregulation and Labour Law written by Roger Blanpain and published by . This book was released on 2000 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Global Labour Market written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: As global power relations increasingly favour international capital, it becomes crucial for labour and employment lawyers to center their field in a supranational context. As long as wages, social security, and taxes remain national matters, states compete at this level in order to attract foreign investment. This does not bode well for employees or the self-employed. Most ameliorative measures come in the form of unenforceable andsoft lawand guidelines and recommendations. The conference recorded in this vitally important book confronts this losing battle of local responses to global challenges. The book reprints the papers submitted to that conference by twenty-three outstanding scholars from fourteen countries. Among the many critical issues they expose and discuss are the following: and the proliferation of varieties of non-standard employment; and protection of migrant workersand rights by regional organizations; and global and regional trends in the human resources function; and work training and education policy; and effectiveness of equality and non-discrimination standards; and involvement of employees in workplace decisionmaking; and and the need for an equitable social safety net. In the course of the discussion the authors examine cases from many countries, including not only EU Member States (both West and East) and the U.S., but also Japan, Chile, South Africa, and Indonesia. With a focus on the nexus of multinational enterprises and international standards, the book provides both a sharp image of where labour law stands in todayands worldandrevealing serious social problems in a clearer light than is usually encounteredandand a very valuable guide to directions to pursue and potential solutions, offered by some of the most engaged and committed minds in the field. It is an indispensable resource for legal workers in this andeye of the stormand of globalization.
Download or read book The Shadow Workforce written by Sandra E. Gleason and published by W.E. Upjohn Institute. This book was released on 2006 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides an overview of the facts and issues of nonstandard employment in the countries where this labor market phenomenon has been most studied: the United States, Japan, and the European Union
Download or read book Selected Writings written by Marco Biagi and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Selected Papers in this volume, written over a period of some 20 years, represent just a small part of Marco Biagi's scientific writings, and are reprinted here with a view to showing the range, depth and originality of his research work. While many of his papers dealing with labour relations issues in the Italian context were published in Italian, Marco's long association with Johns Hopkins University and Dickinson College, along with his close links with the leading scholars in comparative labour law and industrial relations not just in the member states of the European Union, but also in many other countries, including Japan, were of fundamental importance for his work, and as a result he chose to publish many of his most thought-provoking papers in English. What emerges from a reading of these papers is the integrity and consistency of his thinking: themes that appear in his early work, such as industrial democracy, employee participation, training for flexibility, the role of small and medium-sized enterprises, and innovative strategies for creating new jobs and improving the quality of work, are further developed in the later years. He always wrote with a sharp eye on changes in the labour market arising from economic, social and political developments, such as most recently the introduction of the single currency, and always with a view to extending the benefits of employment opportunities beyond the existing limits. His ideas will continue to play an influential role in thinking about employment issues for many years to come.
Download or read book Labour Law between Change and Tradition written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2011-05-11 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the occasion of the official ‘retirement’ of the eminent labour law scholar Antoine Jacobs, a number of his colleagues – themselves well-respected in the field of labour law and industrial relations – have assembled this volume of essays to manifest the breadth and variety of this great professor’s work. The authors pay particular attention to the tension, always present in Jacobs’s critical research, of traditional values with an acute awareness of emerging realities. He approached labour law, not merely as a series of static issues concerning workers and employers, but as an evolving discipline that persistently challenged its socio-political context. Among the wide range of issues considered in this collection – all of them prominent in Jacobs’s work – are the following: the right to work; the right to strike versus the freedom to strike; the role of the European Union in national labour law; transnational collective bargaining; social security issues; labour law and the social teaching of churches; bankruptcy; and more.
Download or read book The Legal and Institutional Framing of Collective Bargaining in CEE Countries written by Ivana Palinkaš and published by Kluwer Law International B.V.. This book was released on 2018-04-09 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The formerly communist countries of Central and Eastern Europe (CEE) have witnessed a profound transformation of their labour laws since the 1990s and, especially, after their accession to the European Union. Today, in comparison to the other Member States, they continue to have weak trade unions and employers’ associations and an underdeveloped system of collective bargaining. Moreover, the recent economic and financial crisis highlighted the need to invest further efforts in bringing the CEE industrial relations closer to the ‘old’ Member States, in order to facilitate a more meaningful enforcement of the EU-wide economic and social policies. This is the first book to scrutinise this important matter in depth. Focusing on four current CEE labour law regimes – in Slovenia, Slovakia, the Czech Republic, and Poland – that also have different collective bargaining trends and can be said to exemplify some of the main legal and institutional frameworks for collective bargaining that the CEE countries have developed, the author addresses the following major issues: – the transition from a centralised to an open market economy and the degree of continuing residual characteristics; – the extent to which labour laws since the 1990s have enabled an adequate institutionalisation of industrial relations to allow free and voluntary collective bargaining at the national, sectoral, and company levels; and – the effectiveness of the standard-setting role of trade unions and employers’ associations insofar as they have persisted or come into play. The analysis always keeps in focus the development of labour laws in relation to a number of such interlinked elements as market transformation, type of privatisation of state ownership, and attitudes towards welfare. It draws on both the relevant literature and on twenty-five interviews with legal and policy experts from social partners’ organisations and staff within the ministries for social affairs in the selected countries. In support of the study’s general finding that the laws in CEE countries could provide more stimulus for sectoral and cross-sectoral collective bargaining, the author offers deeply informed recommendations and insights into legal shortcomings and pinpoints how the existing legal frameworks can be enhanced. Any professional or academic in the field of industrial relations, and particularly those concerned with complex transitions such as those occurring in the CEE countries and elsewhere in the world, will find this book of great value.
Download or read book Collective Bargaining Developments in Times of Crisis written by Sylvaine Laulom and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many EU Member States, the various economic crises of recent years provided grounds for a rarely equalled level of state intervention in the regulation of labour relations with an explicit aim: the decentralisation of collective bargaining. An extensive body of research – summed up and analysed expertly in the chapters of this very important book – reveals that the process of decentralisation has more often than not led to a situation where salaries and labour conditions are ever more frequently determined by direct negotiations between employer and employees, with the State becoming the sole guarantor of employee protection even as it encourages decreasing labour costs to ensure that companies remain competitive. The comparative approach offered in this book adds to this synthesis by providing examples of speci c recent developments in fourteen Member States and Turkey. Among the numerous topics and issues that arise are the following: – ‘opt-out’ clauses that derogate unfavourably from sectoral agreement standards; – extension of the employer’s unilateral decision-making power; – ‘memoranda of understanding’ imposed by the ‘troika’ (EU, ECB, and IMF); and – ‘stand-by arrangements’ imposed by the IMF. However, notwithstanding the strong emphasis on changing the structure of collective agreements by shifting the centre of gravity closer to the company, research nds promise in the reconstituted support for sector-level agreements increasingly found among very small businesses, networked businesses, and work via digital platforms. This is the rst book to take stock of the current state of collective bargaining in Europe. It is an essential study for labour and employment law practitioners, and an exemplary analysis of immeasurable value to policymakers and academics in the eld.
