Download or read book Sexe Du Droit Du Travail en Europe written by Giota Kravaritou-Manitake and published by Kluwer Law International B.V.. This book was released on 1996-08-14 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hommes et des femmes
Download or read book Concilier flexibilit du travail et coh sion sociale written by Council of Europe and published by Council of Europe. This book was released on 2005-01-01 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ce volume bilingue pose la question des effets des réformes institutionnelles et organisationnelles du marché du travail sur la cohésion sociale. Dans cet ouvrage, le Conseil de l'Europe recherche la conciliation entre ce qui est inévitablement imposé par la mondialisation, c'est-à-dire la réorganisation des paramètres de la concurrence, et la cohésion sociale. La conciliation doit prendre en compte une valeur politique essentielle, la sécurité démocratique, qui se trouve d'abord dans l'emploi : le coût social et sociétal élevé de la précarité le confirme. Néanmoins, sécurité ne signifie pas rigidité et doit se traduire plutôt par la reconnaissance sociale d'un "droit à la transition" qui appelle à la coresponsabilité de tous les acteurs sociaux. La conciliation est plus qu'un devoir politique : elle est le prix de la stabilité qui assure la durabilité sociale.
Download or read book The Public Law Private Law Divide written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2006-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".
Download or read book Philosophical and Sociological Reflections on Labour Law in Times of Crisis written by Eduardo von Adamovich and published by Cambridge Scholars Publishing. This book was released on 2022-05-13 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting from the assertion that crisis is part of the essence of labour law, this volume brings together researchers in the field who accepted the challenge to critically reflect on this branch of the discipline. As the COVID-19 pandemic has had a global impact, labour law across the world must come to terms with a new reality. In this context, it would be prudent to adapt to new circumstances by taking known paths. To this end, this book reflects on what effectively constitutes labour law, considering questions which are not usual within labour law. Insights from philosophical, sociological and even economic standpoints are mobilised to reconcile the past with the future of labour law.
Download or read book Enterprise and Social Rights written by Adalberto Perulli and published by Kluwer Law International B.V.. This book was released on 2017-06-15 with total page 508 pages. Available in PDF, EPUB and Kindle. Book excerpt: Globalization has led to growing labour fragmentation and widening of gaps in social protection. Although the enterprise is increasingly expected to be socially responsible, in actuality extreme worker inequalities and social dumping have become ubiquitous worldwide. This volume – the first to focus attention on the ‘theory of the firm’ as it reveals itself in today’s world from a multidisciplinary perspective – underscores the necessity to rebuild a new scientifically controlled paradigm that acknowledges and regulates the dimension of power in the functioning of the organization. In their contributed essays, nineteen renowned scholars in labour law and industrial relations rethink the firm, its conception, its value, and its regulation, analysing such aspects as the following: – labour-management relations issues that arise when companies go global but workers remain local; – the firm as a social construction; – the continuing necessity for collective bargaining; – concealment of the employment relationship under the guise of self-employment; – concealment of the real employer behind figureheads and shell companies; – social welfare effects of outsourcing; – the company’s interaction with the network of suppliers and with local education processes; – determining who actually carries responsibility towards workers; – overcoming companies’ drive to enter the global market in response to national regulation; – realizing the notion of ‘duty of care’; – mechanisms of participation of workers in the management of the enterprise; and – the persistent limitations that women face in the workplace, even when worker participation is advocated. With attention to innovative developments in Germany, Italy, Japan, and other countries, analyses include case studies of specific companies as well as case law, in particular the European Court of Justice’s jurisprudence in matters of collective dismissals, seconded workers, and public contracts. In their head-on tackling of the fragmentation and blurring of social responsibility in enterprise organization, these important essays propose a view of the enterprise as a factor in a new ‘constitutionalisation’ of labour that shifts employment protection from single legal entities to the network’s economic activity, thus realigning the legal boundaries of the enterprise with its economic reality. As a compelling investigation of how a satisfactory implementation of labour standards in the fragmented enterprise can be guaranteed, this book will be studied by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists, and will be welcomed by academics and researchers in industrial relations and labour law.
Download or read book Governing Work and Welfare in a New Economy written by Jonathan Zeitlin and published by Oxford University Press, USA. This book was released on 2003 with total page 440 pages. Available in PDF, EPUB and Kindle. Book excerpt: Europe and the United States confront common challenges in responding to the transformations of work and welfare in the 'new economy'. This volume examines new approaches to the governance of work and welfare in the EU and the US, surveys emergent trends and reflects on future possibilities.
Download or read book Labour Law in France written by Michel Despax and published by Kluwer Law International B.V.. This book was released on 2017-06-20 with total page 627 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on France not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in France, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
Download or read book International Labour Review written by Organisation internationale du travail, Bureau international du travail and published by International Labour Organization. This book was released on with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Before and After the Economic Crisis written by M. -A. Moreau and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book casts new light on the key issues arising from the contentious debate around the future of the European Social Model. Marie-Ange Moreau brings together leading experts to provide a thorough and well-informed response to the recent developments in European social and labour law and policy, in the light of institutional changes. The contributing authors provide unique insights as they evaluate the impact of the enlargement processes, the implications of the Lisbon Treaty, the integration of the Charter into EU law and, crucially, the evaluation of the European evolutions in the context of the economic crisis. Before and After the Economic Crisis will appeal to academics, researchers and graduate students working on European labour law, industry relations, social policy and gender issues and related topics in economics and political sciences.
Download or read book Collective Bargaining and Wages in Comparative Perspective written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 190 pages. Available in PDF, EPUB and Kindle. Book excerpt: Remarkably, the core element of labour relations?wage determination?has been excluded from the European social dialogue about harmonisation of working conditions and national systems of social security. The present study responds by analysing the prospects of building up structures of wage formation in Europe through a reevaluation of collective bargaining and collective agreements as they exist under the law of the most industrialized Member States. The impetus for the study is the widely debated crisis of the system of concluding regional collective agreements on wages. Social partners seem to have been trapped in fruitless conflicts on how the system must be reformed. It has become obvious that no party concerned employers, trade unions, the state has the capacity to resolve the growing difficulties of collective wage formation. In an introductory essay by the distinguished editors, this important study takes the situation in Germany, the most prominent manifestation of this European crisis, as its starting point. Then, academic experts from France, the United Kingdom, the Netherlands, and Sweden describe comparable problems in their own countries, detail approaches to dealing with them, and provide a critical commentary, including judgements and suggestions in relation to the German case. Then follows a reexamination of the situation in Germany in the light of the experience of the other countries. A final chapter outlines some preliminary interpretations of European prospects. Salient issues investigated include the following: the erosion of such ideological and legal categories and concepts as `dependent work, `solidarity', `subsidiarity' and `social self-regulation' as preconditions of traditional collective bargaining structures at national level; the decreasing membership of the bargaining partners on both sides; the shrinking rate of employees covered by collective agreements; attempts to establish a national social pact; increasing competition on global markets; decentralizing management strategies, including the abandonment of collective bargaining; and, individualized employees. The authors examine the various state structures to determine if the legal and institutional developments of the different national systems of collective bargaining constitute starting points for mutual learning in order to meet the new challenges. This leads to a discussion of which practices are successful in their original environment, and how these practices might adapt to other systems in other countries.
Download or read book Public Employment Services and European Law written by and published by Oxford University Press, USA. This book was released on 2007-09-27 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Employment services are at the centre of a complex web of rules deriving from the EU, national public law and from private agreements. This book examines the law and regulation of public services through case studies of the public employment services in EU member states.
Download or read book The Protection of Working Relationships written by Frans Pennings and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related from a social policy point of view. In order to make a substantial contribution to the discussion on these developments a group of noted European labour law scholars has undertaken the research assembled in this book, recommending labour law reforms based on a close examination of existing conditions. The eight authors analyse measures and legal instruments offered by the European Union and the ILO to cover persons performing personal work, as well as specific developments in Belgium, France, The Netherlands, Poland, Germany, and the United Kingdom. In each case they describe viable ways in which categories of persons not treated as employees can be brought under the protection of labour law and how the distinction between employees and self-employed can become more clear. In a concluding final Chapter comparative conclusions are drawn on the basis of this study and recommendations are given to the EU, the ILO and the individual Member States. Among the specific issues covered are the following: * redefining the subordination criterion; * the role of the courts; * determination of the contract of employment; * forms of labour involving more than two contracting parties (e.g., employment agency arrangements); * the legal position of temporary workers; * 'employee-like' persons, e.g., home-workers or commercial representatives; * the 'bogus' self-employed; * introduction and effect of legal presumptions in labour law and/or social security; * developing uniform criteria for the employment relationship; * criteria for identifying self-employed but economically-dependent workers; * extension of protection of labour law to persons other than employees or the self-employed; and * social rights applicable to all work contracts irrespective of their formal qualification; * floor of core rights. This study seriously contributes toward overcoming the reluctant and piecemeal measures commonly taken to extend the protection of the employment contract. Although the authors acknowledge the continuing tension between labour law protection and the need for a flexible workforce, they also recognize the positive effects of best practices that lead to more certainty, fewer disputes, and clear (but still flexible if necessary) agreements. The book will be warmly welcomed as a signal contribution to addressing what one labour law scholar has called 'the most important industrial relations issue of our time.'
Download or read book FRANCE ET LE TEMPS DE TRAVAIL 1814 2004 written by and published by . This book was released on 2004 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Beyond Employment written by Alain Supiot and published by Oxford University Press, USA. This book was released on 2001 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Beyond Employment is a useful contribution to the debate on how society should go about regulating work in the early 21st century.' -John Philpott, Financial Adviser'Suited to students interested in labour law and employment in Europe' -European Access PlusThis book is the English edition of what has become widely known as 'The Supiot Report', a bold and far-reaching look at the changing nature of work, employment and labour institutions, and systems of regulation and welfare. The author places recent developments in their economic, social, institutional, and legal contexts, and draws upon illustrations from a number of European countries.
Download or read book From UI to EI written by Georges Campeau and published by UBC Press. This book was released on 2005 with total page 260 pages. Available in PDF, EPUB and Kindle. Book excerpt: Established in 1940 in response to the Great Depression, the original goal of Canada’s system of unemployment insurance was to ensure the protection of income to the unemployed. Joblessness was viewed as a social problem and the jobless as its unfortunate victims. If governments could not create the right conditions for full employment, they were obligated to compensate people who could not find work. While unemployment insurance expanded over several decades to the benefit of the rights of the unemployed, the mid-1970s saw the first stirrings of a counterattack as the federal government’s Keynesian strategy came under siege. Neo-liberalists denounced unemployment insurance and other aspects of the welfare state as inflationary and unproductive. Employment was increasingly thought to be a personal responsibility and the handling of the unemployed was to reflect a free-market approach. This regressive movement culminated in the 1990s counter-reforms, heralding a major policy shift. The number of unemployed with access to benefits was halved during that time. From UI to EI examines the history of Canada’s unemployment insurance system and the rights it grants to the unemployed. The development of the system, its legislation, and related jurisprudence are viewed through a historical perspective that accounts for the social, political, and economic context. Campeau critically examines the system with emphasis upon its more recent transformations. This book will interest professors and students of law, political science, and social work, and anyone concerned about the right of the unemployed to adequate protection.
Download or read book Regulating Labour in the Wake of Globalisation written by Brian Bercusson and published by Bloomsbury Publishing. This book was released on 2008-01-10 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, the prevailing response to the problem of unacceptable labour market outcomes in both Europe and North America - national regulation of labour standards and labour relations, coupled with collective bargaining - has come under increasing pressure from the economic and technological forces associated with globalisation. As those forces have shifted power away from national governments and labour unions and toward capital, the appropriate institutional locus of labour regulation has become hotly contested. There have been efforts to move the locus of regulation downward to smaller units of governance, including firms themselves, upward to larger units such as regional federations and international organizations, and outward to non-governmental organizations and civil society. In this volume, labour relations scholars from North America and Europe examine the efficacy of these emerging forms of labour regulation, their democratic legitimacy, the goals and values underlying them, and the appropriate direction of reform.
