Download or read book Strikes and Lock outs in Industrialized Market Economies written by Roger Blanpain and published by Kluwer Law International. This book was released on 1994-01-01 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: The occurrence of strikes and lock-outs is an important feature of labour relations in industrialized market economies. These two types of concerted activity by industrial workers and civil servants are the direct result of the conflict of interest and ideology that is inherent in industrial relations. This conflict evolves around the questions of power distribution and group autonomy vis--vis the capital owners and the State. While the phenomenon of strikes and lock-outs has existed ever since the beginnings of industrial society, there have been some significant changes in the nature and occurrence of strikes and lock-outs in the past few decades. These changes and new trends that may be detected in today's forms of industrial action is one of the themes discussed in this volume of the Bulletin. To name two: An increased heterogeneity and specialisation within the labour force. The direction of industrial action against the general public, the consumers, rather than against the capital owners and the growing importance of the service sector employees within the working population. Developments such as these have an impact on labour relations and the accompanying conflicts such as strikes and lock-outs, as you will discover reading this new Bulletin.

Download or read book Strikes Around the World 1968 2005 written by and published by Amsterdam University Press. This book was released on 2007 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Are strikes going out of fashion or are they an inevitable feature of working life? This is a longstanding debate. The much-proclaimed withering away of the strike in the 1950s was quickly overturned by the resurgence of class conflict in the late 1960s and 1970s. The period since then has been characterized as one of labor quiescence. Commentators again predict the strikes demise, at least in the former heartlands of capitalism.Patterns of employment are constantly changing and strike activity reflects this. The continuing decline of manufacturing in mature industrialized economies is of major importance here (though the global relocation of manufacturing may lead to some relocation of strikes). Simultaneously, we see the growth of disputes in the service sector (the tertiarization of strikes). This is evident particularly in public services, including health care, social care and education, and is accompanied by a feminization of strikes, given the prevalence of women working there. This unique study draws on the experience of fifteen countries around the world: South Africa, Argentina, Canada, Mexico, United States, Korea, Australia, New Zealand, Belgium, Denmark, France, Germany, the Netherlands, Sweden and the United Kingdom. Covering the high and low points of strike activity over the period 1968-2005, the study shows continuing evidence of the durability, adaptability and necessity of the strike.

Download or read book Strikes and Lock Outs written by Roger Blanpain and published by Springer. This book was released on 1994 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt: The occurrence of strikes and lock-outs is an important feature of labour relations in industrialized market economies. These two types of concerted activity by industrial workers and civil servants are the direct result of the conflict of interest and ideology that is inherent in industrial relations. This conflict evolves around the questions of power distribution and group autonomy vis--vis the capital owners and the State. While the phenomenon of strikes and lock-outs has existed ever since the beginnings of industrial society, there have been some significant changes in the nature and occurrence of strikes and lock-outs in the past few decades. These changes and new trends that may be detected in today's forms of industrial action is one of the themes discussed in this volume of the Bulletin. To name two: An increased heterogeneity and specialisation within the labour force. The direction of industrial action against the general public, the consumers, rather than against the capital owners and the growing importance of the service sector employees within the working population. Developments such as these have an impact on labour relations and the accompanying conflicts such as strikes and lock-outs, as you will discover reading this new Bulletin.

Download or read book Comparative Labour Law Principles and Methods Industrial Relations Inindustrialized Market Economies written by Greg Bamber and published by Springer. This book was released on 2001-06-22 with total page 744 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparativism is no longer a purely academic exercise but has increasingly become an urgent necessity for industrial relations and legal practitioners due To The globalisation of the economy, The massive introduction of new information technology, The growth of multinational enterprises And The impact of international and regional organizations aspiring to harmonize rules. the growing need for comprehensive, up-to-date and readily available information on labour law and industrial relations in different countries led To The publication of the International Encyclopaedia for Labour Law and Industrial Relations, In which almost 70 international and national monographs have been published thus far. This book goes a step further than the Encyclopaedia inasmuch as most of the chapters provide comparative and integrated thematic treatment. Our aim is to describe the salient characteristics and trends in labour law and industrial relations in the contemporary world. Encouraged by the warm reception of the first six editions, we hope that also the seventh edition will serve as a textbook and reference work to facilitate the task of teachers and students of comparative labour law and industrial relations. We hope, too, that the book will provide labour lawyers, HRM and industrial relations specialists with the necessary insights to cope with a world which is increasingly international.

Download or read book Regulating Strikes in Essential Services written by Moti (Mordehai) Mironi and published by Kluwer Law International B.V.. This book was released on 2018-11-09 with total page 618 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designing a fair, effective and acceptable regime that will reconcile public interest and the public’s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed comparative analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it can be of great value for public policy debate and the enhancement of national law in the field. The editors have assembled experts from fourteen countries who describe and analyse their respective country’s experience with strikes in essential services and the legislative and judicial as well as informal approaches towards regulating and intervening in such strikes. Departing from legal theory with systematic comparative ‘law in action’ research, the contributors offer innumerable valuable insights into a broad array of issues and topics as the following: – mechanisms aiming at compensating employees for encroaching on their collective bargaining rights; – public accountability and responsible management of public finance; – role of international conventions; – effects of globalization and advances in technology; – privatization, outsourcing and the decline of unions and workers’ solidarity; – growing popular intolerance towards strikes in essential services; – effect of human rights-related court decisions; – convergence and divergence among contemporary legal regimes in defining and approaching strikes in essential services; – dispute process design and dispute resolution processes (mediation, conciliation and arbitration); and – substantive and procedural restrictions on the right to organize, bargain collectively and strike. The country reports are preceded by a detailed analysis of the inherent normative policy dilemma and a conceptual framework for designing and evaluating models of regulation. The concluding chapter presents a comparative overview of the insights gained. With its comparative perspective on one of the most sensitive areas of industrial relations and labour law, and its contextually relevant options for strategic choice and public policy debate, this incomparable volume will be welcomed by labour lawyers, legislators, policy makers, judicial bodies and researchers in the field of collective labour relations and fundamental human rights of workers on the national as well as international level.

Download or read book Workers Rights as Human Rights written by James A. Gross and published by Cornell University Press. This book was released on 2003 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provides a new perspective on the assessment of U.S. labour relations law by using human rights principles as standards for judgment. Presents recommendations for what should and can be done to bring U.S. labour law into conformity with international human rights standards.

Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Posting of Workers in EU Law written by Matteo Bottero and published by Kluwer Law International B.V.. This book was released on 2020-12-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.

Download or read book International and Comparative Industrial Relations written by Greg J. Bamber and published by Taylor & Francis. This book was released on 2024-10-21 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: International and Comparative Industrial Relations (1987) analyses the factors which have shaped industrial relations in a range of different countries, including the characteristics of the major groups and parties concerned, and the nature and types of bargaining relationships which have evolved. A substantial comparative chapter examines trends within market economies as a whole, and a statistical appendix provides some valuable comparative labour market data. Each chapter follows a similar format, with an examination of the environment of industrial relations – economic, legal, social and political – and the major players – unions, employers and governments. Then follow descriptions of the main processes of industrial relations, such as local and centralised collective bargaining, arbitration and mediation, joint consultation and employee participation. Important topics are picked out, such as labour law reform, industrial democracy, technological change and incomes policy.

Download or read book International Labour Standards and Platform Work written by Mathias Wouters and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Platform work – the matching of the supply of and demand for paid labour through an online platform – often depends on workers who operate in a “grey area” between the archetype of an employee and a self-employed worker. This important book explores the utility of the International Labour Organization’s existing standards in governing this phenomenon. It indicates that despite their relevance, many standards have little or no impact. The standards apply to the issue but they fail to connect with it. The author shows how three ILO conventions – the Home Work Convention, 1996 (No. 177), the Private Employment Agencies Convention, 1997 (No. 181), and the Domestic Workers Convention, 2011 (No. 189) – can be revitalised to have an impact on the platform work debate. In the course of the analysis he responds in depth to such questions as the following: What are digital labour platforms? What does decent work mean? Did the ILO centenary fundamentally change anything? What is the link between private employment services and platform work? How do crowdworkers relate to homeworkers and teleworkers? Are platform workers engaged in domestic work? What form could a future ILO standard on platform work take? Given that the ILO plans to start discussions on a potential future standard for platform work in 2022, this book will prove very useful in highlighting the issues and standards that such discussions should consider. Research has shown that the techniques and tools of the platform economy have spread far beyond gig work, resulting in widespread “gigification” and restructuring of workplace behaviours and relationships, jobs, and communities across the world. For this and other reasons, including the book’s detailed analysis of issues not addressed elsewhere, labour lawyers, in-house counsel, researchers, and policymakers will gain valuable insight into what decent work in the platform economy would require, thus greatly broadening the discussion on this difficult-to-regulate phenomenon.

Download or read book Collective Labour Rights for Self Employed Workers written by Charalampos Stylogiannis and published by Kluwer Law International B.V.. This book was released on 2023-08-22 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Platform work arrangements are often defended as an expression of technological progress with the potential to enable people to work as self-employed individuals, often without any supervision or control. However, by now, it is well-documented that platform work not only shares important features of flexibility and precariousness with other casual work arrangements that are on the rise around the world, but it also entails the risk of excluding a significant portion of workers from the protection of fundamental collective labour rights, including their coverage from collective agreements. In this important and timely book, the author shows how a human rights-based approach (HRBA) towards collective labour rights can bridge this protection gap. Such an approach identifies workers, regardless of their employment status, as rights-holders that are entitled to rights, like the right to collective bargaining, derived from international human rights and labour rights instruments. Fully describing the phenomenon of platform work as well as presenting a detailed global overview of responses related to the challenges stemming from platform work arrangements, the research, inter alia, covers aspects, such as the following: problems, challenges, and questions related to platform work arrangements, and how those are linked to broader labour market trends; platform work’s deeper foundational implications for labour law; legal developments related to the regulation of platform work with an assessment of their limits when it comes to collective labour rights, also recognised as human rights; various ways in which platform workers and other atypical workers have managed to exercise their collective labour rights; and promising indications of closer cooperation between organised labour and workers in non-standard forms of employment. The analysis draws on international human rights and labour rights treaties and conventions, domestic legislation and regulations, rulings from international and national courts, and interpretative and authoritative sources including the relevant legal literature. The book manifests and responds to a genuine need for in-depth research with respect to the protection of the human rights of platform workers with an analytical framework that will ensure their adequate protection. Its crucial observations will be welcomed by practitioners in labour law, human rights law, and competition law, as well as by academics, human resources professionals, and labour and employment policymakers.

Download or read book Improving Workplace Quality written by William Bromwich and published by Kluwer Law International B.V.. This book was released on 2017-05-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: A consensus has developed in workplace studies around the concept of ‘well-being at work’ in an awareness that such apparently distinct aspects as health and safety, discrimination, labour market integration, and work-life balance converge in the workplace and are best treated as one complex phenomenon. This important book offers twelve contributions by distinguished international scholars from a range of disciplinary domains, providing an in-depth analysis of ongoing changes in the world of work and their impact on personal well-being. The contributors place specific workplace experiences in a comparative perspective, examining policy and regulatory initiatives and judicial rulings at national, regional, and international levels. The case studies are drawn from Italy, France, the United States, Russia, and developing countries. The essays examine recent legal developments in such topical issues as: – atypical and non-standard work; – child-care leave; – company-level welfare provisions; – disability; – harassment; – low-wage workers and employment benefits; – misperception discrimination; – public policy in care services; – unemployment and mental health; and – work/family conciliation policies. Providing a detailed overview of recent developments in policy and jurisprudence in a comparative perspective regarding discrimination, work-life balance, and workers’ integration into the labour market – as well as a guide to best practices in promoting well-being at work – this book will prove indispensable to labour and employment law practitioners, as well as to work organization, occupational medicine, mental health, and human resources professionals.

Download or read book Casual Work Arrangements and Platform Based Work written by Ilda Durri and published by Kluwer Law International B.V.. This book was released on 2023-08-22 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Platform work – in which work activities are channelled through web platforms or apps – has emerged as one of the major transformations in the world of work over the past decade. Although platform work presents many of the labour law issues related to casual work – often linked to insecure or precarious working conditions – until this book, no in-depth research has been conducted on specifically positioning platform work in the context of casual work arrangements. The author systematically evaluates how strategies aimed at regulating casual work can be extended to enhance the employment relationships and working conditions of platform workers. The analysis proceeds through a detailed comparative legal analysis of casual work in four industrialized countries – the United Kingdom, the Netherlands, Belgium, and Italy – shedding light on the divergent regulatory approaches to this work typology. Then, it moves on to EU legislators’ efforts to develop a regulatory matrix on casual work, focusing on directives such as those on fixed-term work, working time, and transparent and predictable working conditions. The author concludes with recommendations for redefining the EU legal initiative on platform work, in light of the national and EU legal instruments examined in this contribution. Issues, such as the insecure nature of work, unpaid stand-by time, and work insecurity, come to the fore. The purpose of this book is to assist policymakers and social partners in finding viable legal solutions to tackle some of the labour protection challenges posed by platform work. At the same time, it serves as a reminder to EU policymakers, that existing legal instruments on casual work constitute an available blueprint which could be beneficial in dealing with such regulatory problems. Issues and topics covered, in a nutshell, include the following: what is captured under the label of casual work arrangements; the shared features between casual work and platform work, with a focus on their insecure working conditions; the employment status insecurity; the insecurity of working hours; the uncertainty of the continuity of employment; the income insecurity; peculiar traits of platform work; the development of the EU regulatory matrix on casual work; the relevance of the directives on working time, fixed-term work, and transparent and predictable working conditions, for the protection of platform workers; and the improvement of the proposal for a Platform Work Directive in light of the above instruments.

Download or read book The Economic and Financial Crisis and Collective Labour Law in Europe written by Niklas Bruun and published by Bloomsbury Publishing. This book was released on 2014-09-18 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.

Download or read book The Laval and Viking Cases written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: in this book nineteen labour law scholars present country reports detailing challenges and consequences of the rulings evident in twelve EU Member States, as well as in Norway and Russia. Among many others, the salient issues covered include the following: cross-border solidarity among workers; collective action as a fundamental freedom; the prospects for an EU minimum wage plan; the 'social partners' approach to national labour law; the harmonisation of social security standards; and the scope of enforcement by Member State labour regulatory authorities.

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 Cambridge Yearbook of European Legal Studies Vol 9 2006 2007 written by Catherine Barnard and published by Bloomsbury Publishing. This book was released on 2007-12-18 with total page 598 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the Law of the Council of Europe, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are all at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the civil services of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 9 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board Albertina Albors-Llorens Catherine Barnard John Bell Alan Dashwood Simon Deakin David Feldman Richard Fentiman Angus Johnston Claire Kilpatrick John Spencer Founding Editors Alan Dashwood Angela Ward