Download or read book On line Rights for Employees in the Information Society written by Roger Blanpain and published by . This book was released on 2002 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Human Rights in the Global Information Society written by Rikke Frank Jørgensen and published by MIT Press. This book was released on 2006-06-16 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Papers originally presented at the World Summit on the Information Society, November 2005.
Download or read book Use and Monitoring of E mail Intranet and Internet Facilities at Work written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two legitimate statements in search of legal doctrine: ?An employee must have a reasonable expectation of privacy.? ?The efficient operation of the company must be safeguarded.? As a lawyer considers each of these assertions, a significant region of incompatibility emerges. In the context of the use of information technology systems in the workplace, a collision of rights is exposed that has engendered a virtual battleground in the theory and practice of labour law. This remarkable and timely book draws together all the strands of law in this controversial area, both de facto and de jure. Its comprehensive coverage includes such eminently useful materials as the following: thirty actual company policies regarding on-line communications, from a wide variety of business sectors, with detailed analysis; texts of four company codes of practice; actual views of trade unions and employers? organizations; analysis of relevant existing laws on access, monitoring, liability, sanctions, and the rights of employee representatives; two proposed model codes of practice, one for the individual user and one for employee representatives; and, appendices including Belgium?s National Collective Agreement No. 81 and the regulatory bill and advisory opinions that led up to it. The authors? focus on practice is advantageous, as it brings the central issues and conflicts into high relief. The close analysis and investigation of how employers, trade unions, and legislative and advisory bodies are dealing with the essential matters?which include communications facilities at work, employer?s prerogative, the company?s rights of ownership and disposal, and the fundamental privacy rules of legitimate purpose, proportionality, and transparency?provide very valuable guidance to parties in any country concerned with developing a viable set of legal principles and rules for this challenging and unsettled area of labour law.
Download or read book Privacy in the Information Society written by Philip Leith and published by Routledge. This book was released on 2016-12-05 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information society projects promise wealth and better services to those countries which digitise and encourage the consumer and citizen to participate. As paper recedes into the background and digital data becomes the primary resource in the information society, what does this mean for privacy? Can there be privacy when every communication made through ever-developing ubiquitous devices is recorded? Data protection legislation developed as a reply to large scale centralised databases which contained incorrect data and where data controllers denied access and refused to remedy information flaws. Some decades later the technical world is very different one, and whilst data protection remains important, the cries for more privacy-oriented regulation in commerce and eGov continue to rise. What factors should underpin the creation of new means of regulation? The papers in this collection have been drawn together to develop the positive and negative effects upon the information society which privacy regulation implies.
Download or read book Temporary Agency Work and the Information Society written by Wilfried Beirnaert and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: A generation ago, temporary work was practically outlawed. During the 1950s, the International Labour Organisation (ILO) clearly stated (in request to a question from the Swedish government) that temporary agency work was prohibited by ILO Convention 96 regarding fee-charging placement. Trade unions, of course, were in complete agreement, both because temporary work arrangements undermined the situation of permanent workers and deprived the temporary workers themselves of equal treatment guarantees. Yet persistent employers, always ready to find ways around this prohibition, have gone from strength to strength until today the role of private employment services is offered up to the public as that of an active link between employer and employee and an equal benefit to both. It is even defended as a force that effects the social integration of long-term unemployed, even of non-qualified or less-qualified workers. It is indeed along these lines that the proposed European directive on the working conditions of temporary workers justifies its requirement of Member States to discontinue any restrictions or prohibitions on temporary work for certain groups of workers, sectors or areas of economic activity. But how justifiable is this idea of the generalized leasing of employees? How acceptable is it under both labour law and social justice considerations? Although these important questions have been asked repeatedly for many years, no answers acceptable to all parties have yet been found. Accordingly, in April 2003 a group of outstanding authorities- practitioners, ILO officials, academics, policymakers, jurists, and labour experts-met in Brussels to reconsider these issues in light of the ongoing discussion on the proposed directive and the major labour market developments which have taken place in many countries over the last few years. Among the considerations raised there (and recorded in this book) are the following:the potential role of private employment agencies as fully integrated manpower providers;the wages and working conditions of workers who are put at the disposal of users;guarantees of equal treatment and other social protection provisions for temporary workers;the possible development of a dual-employer scheme of agency and user; and, continuing work 'diversification' and its acceptability to the various actors and interests involved. These papers, reports and panels merit great attention because the matters they discuss will determine the way our labour markets-at national, European and international level-will function for years to come. No practitioner, policymaker, or academic in the field of employment and labour relations can afford to ignore this very significant book. This volume contains reports given at the International Conference on Temporary Agency Work and the Information Society, held on 28-29 April 2003 at the Royal Flemish Academy, Brussels, and sponsored jointly by the Academy, the Euro-Japan Institute for Law and Business, and the Society for International and Social Cooperation.
Download or read book Employment Policies and Multilevel Governance written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2009-04-29 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Europe, work has long been a symbol of full citizenship and today work is a fundamental goal of European social policy. However, although every person has the ‘right’ to work, it is becoming clearer all the time that unemployment is not due merely to a lack of encouragement to exercise this right, but (at least in part) to some deeper defects in the implementation of effective employment policies. As a contribution to defining the nature of these problems this important collection of essays targets the phenomena of multilevel governance, both vertical (European, national, regional, local) and horizontal (administrative institutions, trade unions, business representatives, NGOs), showing, with detailed analysis and data, how coordination or conflict between the various levels advances, or fails to advance, the goals of employment policy. Regarding the EU, five EU Member States are examined– plus, for comparative analysis, the parallel Canadian federal model – with the authors addressing such concrete issues as: the impact of globalisation and Europeanisation on employment policies; distribution of tasks in the Open Method of Coordination (OMC); involvement of private and economic agents; the increasing significance of international political agents; flexicurity as an employment strategy; the difficulty of integrating the excluded; coordination with education and fiscal policies; social inclusion from the point of view of international human rights; and gender ‘mainstreaming’ as a weakening of the EU guarantee of gender equality. The essays originated in a research meeting held at the Instituto Internacional de Sociología Jurídica at Oñati (Spain) in June of 2007. Some of the contributors, all employment law experts, discuss problematic aspects of the European Employment Strategy (EES) and its influence on the decentralization of employment policies and related elements of social protection. Other authors concentrate on ‘built-in’ multilevel problems resulting from existing constitutional and administrative structures, while a third group focuses on substantive approaches to employment policies within individual member states. The Bulletin contains updated versions of all papers. In this book the degree of administrative, legal, political, and cultural intricacy involved in a serious engagement with multilevel governance of employment on the European model is put on full view. As a deeply informed analysis of how the idea of multilevel governance has played out within the political and administrative reality of Member States, the book will prove of enormous value to labour and employment law professionals anywhere, as the problems identified here have a global reach.
Download or read book Knowledge Workers in the Information Society written by Catherine McKercher and published by Lexington Books. This book was released on 2008 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Knowledge Workers in the Information Society addresses the changing nature of work, workers, and their organizations in the media, information, and knowledge industries. These knowledge workers include journalists, broadcasters, librarians, filmmakers and animators, government workers, and employees in the telecommunications and high tech sectors. Technological change has become relentless. Corporate concentration has created new pressures to rationalize work and eliminate stages in the labor process. Globalization and advances in telecommunications have made real the prospect that knowledge work will follow manufacturing labor to parts of the world with low wages, poor working conditions, and little unionization. McKercher and Mosco bring together scholars from numerous disciplines to examine knowledge workers from a genuinely global perspective.
Download or read book National Effects of the Implementation of EU Directives on Labour Migration from Third Countries written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2016-03-23 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Guaranteeing third country national workers robust equal treatment with regard to working conditions and pay is a crucial condition for avoiding social dumping, exploitation, and other reasons for regime shopping within the EU. However, Member States are still reluctant to compromise control of their borders and their labour markets. The EU legislation adopted is, as a result, fragmented and full of solutions that give Member States an extensive margin of room for manoeuvre. In this book six distinguished European labour law academics discuss how three EU directives on labour migration – the Single Permit Directive, the Blue Card Directive, and the Directive on Seasonal Employment – interact with the labour migration systems of France, Germany, Italy, Poland, and Sweden – five countries with very different characteristics and approaches to implementation. Concrete issues dealt with in each country include the following: – conditions for granting work permits; - reasons for withdrawing a work permit; - how long a migrant worker can stay; - whether a migrant worker can bring his or her family; - employment and labour rights of migrant workers; - migrant workers' access to social rights; - how a migrant worker may enforce rights; - sanctions for violations of applicable provisions; and - potential for permanent status for a migrant worker. For each of these issues the authors analyse to what extent national legislators have been ready to adapt their national systems in order to fulfill the aims of the EU directives. They also identify unintended, or at least not explicit, effects of the implementation process. The authors clearly reveal whether the ambitions of the EU when initiating this process can be detected in the implementation process, and how implementation of the three directives have changed and could change national law on these issues. As the first in-depth analysis of how the intersection of migration and labour law and their impact on labour and employment relations play out in the EU context this book brings important insights to the growing literature in this field. The analysis will be of particular interest to national legislators, but is also sure to be warmly welcomed by academics and practitioners in fields related to labour and employment and migration.
Download or read book International and Comparative Labour Law written by Arturo Bronstein and published by Bloomsbury Publishing. This book was released on 2017-09-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stimulating, authoritative account of international employment law written by a leading figure who for many years has shaped global policy, striving to implement fairer working conditions worldwide. We are expertly guided though the context and development of labour law, making this book ideal for study or research.
Download or read book Rethinking Corporate Governance written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now that the economic orthodoxy of 'light-touch' regulation has been widely discredited by recent events in the financial markets, and shareholder-oriented management has come under intense scrutiny, it is time to seriously consider the merits of stakeholder-oriented economies. In this far-reaching symposium on this aspect of comparative labour relations, 35 scholars examine case studies and evolving scenarios in a wide variety of countries, from leading economic powers such as the United States, the United Kingdom, and Germany to post-socialist states such as Poland, Hungary, and Bulgaria to the formidable global economic presences of Brazil, Russia, and India. With contributions from leading experts from all around the world in the fields of labour law, industrial relations, labour economics, labour statistics, human resources management, organization theory and other related subjects, the papers focus on the impact of the global economic crisis and its implications for the future of employment. Specific contexts covered include: ; adversarial versus strategic collective bargaining; transnational collective bargaining; long-term employees as the most valuable corporate stakeholders; workers' voice and participation in the restructuring of undertakings; privatization of state-owned companies; executive pay; investment in vocational training in times of economic crisis; the impact of the EU's Cross-Border Merger Directive; inherent dangers in the EMU one-size-fits-all monetary policy; and cases of large-scale corporate fraud. Of particular interest is the treatment of important developments in Singapore and Nigeria, as well as lessons to be learned from pitfalls encountered in South Africa and other countries. With its theoretical arguments and empirical data, this volume is certainly a major contribution to the debate over whether shareholder or stakeholder approaches to management yield the best results in terms of employment outcomes. As the world economic crisis continues to take its toll on employment, pension funds, public services, and living standards, the book is sure to find a wide audience among policymakers and lawyers worldwide concerned with the future of employment relations and their effect on both productivity and social stability. This volume includes a selection of papers from the Eighth International Conference in commemoration of Marco Biagi held at the Marco Biagi Foundation in Modena, Italy in March 2010.
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 Individual Labour Rights as Human Rights written by Elena Sychenko and published by Kluwer Law International B.V.. This book was released on 2017-03-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a substantial debate over the interconnection between labour rights and human rights. Consequently, the jurisprudence of the European Court of Human Rights (ECtHR) concerning substantive individual labour rights, or ‘rights at work’, is coming to greater prominence at the national level throughout the forty-seven Member States of the Council of Europe. This is the first book in English to provide a thorough analysis of the Court’s most recent case law – cases considered in the period from 1963 to 2016 – on fundamental employment rights such as the right to wages, protection from discrimination and unfair dismissal, the right to occupational safety at work, and civil liberties such as the freedom of association, the freedom of religion and expression, and the right to privacy. Drawing on close scrutiny of 347 cases since 1963, the author traces the evolutionary development of the Court’s positions on labour rights as human rights through case analyses, commentary, and general conclusions in each of several categorical groupings. Recent trends are treated in substantial detail. Among the issues and topics raised are the following: – interrelation of ECtHR case law and national labour rights protection; – benefits for employees of reference to ECtHR case law in national proceedings; – role of International Labour Organization conventions and of the European Social Charter in the Court’s reasoning; – application of balancing and proportionality test in relevant to labour law cases; – public criticism of employer, disclosure of information, and standards of whistle-blowers’ protection; and – positive obligations of the State in the ¬field of occupational safety and health. This book offers the most detailed and considered analysis available of how individual labour rights have been referred to in the human rights jurisprudence of the ECtHR. Given that the Court’s positions have already changed certain aspects of some national labour laws, this peerless volume will prove indispensable for practitioners and scholars monitoring the growing applicability of human rights law in matters of labour and employment, especially in the areas of protection of wages, unjust dismissal, and occupational safety.
Download or read book Systems of Employee Representation at the Enterprise written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2012-08-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amid the trend towards decentralized industrial relations, various new and modified systems of employee representation are taking hold in many countries worldwide. In this highly informative examination of this field of international labour law – originally presented as a series of papers for the 11th JILPT Comparative Labor Law Seminar held in Tokyo in February 2012 – twelve distinguished scholars from Australia, China, France, Germany, Japan, Korea, Sweden, Taiwan, the United Kingdom, and the United States describe their countries’ current perspectives on this issue, along with their own analysis and commentary. Among the specific questions addressed for each jurisdiction are the following: What is the legal framework for an employee representation system? How is the representative body formed and what are its declared powers? Are there legal mechanisms preventing intervention by the employer? Are non-standard employees involved? What methods of deliberation and decision-making are used? How are the activities of representatives protected? Who bears the costs? What is the relationship with collective bargaining? With labour unions? Each contributor also describes typical ways in which the employee representative system works, offering concrete examples such as dismissal, wage determination, and equal treatment. Some deal with situations in which employee representation is in fact nonexistent or malfunctioning in real workplaces. There is also pervasive attention paid to the fundamental matter of what ‘representation’ is for, and the probable future direction of employee representation. Given the need to secure representation for non-union and non-standard employees at the workplace, these reports on the conditions and new developments in this important field provide ample basis on which to build a better system of employee representation in this era of diversified workforces in the globalized market. Accordingly, this book will prove of inestimable value to practitioners and policymakers in labour and employment law anywhere in the world.
Download or read book Information Society and the Workplace written by Prof Jeff Hearn and published by Routledge. This book was released on 2012-12-06 with total page 258 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much has been written on the grand prospects for "Information Society"; much less on what this might mean in everyday terms. So what do we find when we look at what is happening in a society, Finland, that is one of closest to an information society? Bringing together studies of everyday local practices in workplaces within information society, this book has a special focus on social space and the agency of actors. It includes both theoretical reviews and detailed qualitative research. It also highlights the political challenges of the information society, challenges which are likely to become subjects of international concern.
Download or read book Employment Privacy Law in the European Union written by Alberto Arufe Varela and published by Intersentia nv. This book was released on 2003 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: Information and knowledge have become crucial factors in modern labour markets. In this context, labour-management relations are characterised by an increasing and considerable flow of information. These developments are influenced by new management techniques, such as human resources management, in which the individual is identified as a key element in business success. Furthermore, there is the globalisation of the economy, the increase of international corporate mergers and the unfolding of the network society, which goes hand in hand with technological innovations. These developments not only multiplied the needs for information and the flow of data in employment relations, but also improved techniques of data processing revealing sensitive data of employees. This book deals with employment privacy law, a field of knowledge that increasingly gains influence in legal theory and daily practice. It concentrates on the legal regulation of general human resources data as well as sensitve data in the employment context. The book is developed within a comparative perspective, providing an overview and analysis of the Law of each Member State of the European Union in the field of study. It is completed by a comparative summary. Information and insights in this book will be of great value for practicing lawyers, human resources managers, academics, interest groups and policy makers. The specific issue of monitoring and surveillance in the workplace is covered in another highly recommended book.
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 282 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 Copyright Law and the Information Society in Asia written by Christopher Heath and published by Bloomsbury Publishing. This book was released on 2006-12-21 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book takes a look at the six most important current topics arising from copyright law in the information society, and for each topic provides an in-depth introduction that compares the approaches taken in Europe and the US. Each topic is introduced by an expert, and the issues are then analysed in separate country reports representing nine Asian jurisdictions: China, Taiwan, Hong Kong, Japan, Korea, Singapore, Malaysia, Thailand and the Philippines. The six topics are: The Expansion of Copyright Law and its Social Justification: Introduction by Reto Hilty, Max Planck Institute, Munich Internet Trade, Digital Works and Parallel Imports: Introduction by Christopher Heath, European Patent Office, Munich The Collective Exercise of Copyrights: Introduction by Kung Chung Liu, Academia Sinica, Taiwan The Law on Anti-Circumvention and Digital Rights Management: Introduction by Andy Sun, National Chenchi University, Taipei, Taiwan and Zhi Wei, Peking University, Beijing Copyright Contracts, Public Policy and Antitrust: Introduction by Estelle Derclaye, Queen Mary University of London Contributory and Vicarious Liability for Copyright Infringement: Introduction by Andy Sun, National Chenchi University, Taipei, Taiwan
