Download or read book Fundamental Labour Rights and the Constitution written by Giulia Frosecchi and published by Taylor & Francis. This book was released on 2023-07-05 with total page 150 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.

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.

Download or read book Constitutional Framework of European Labour Law in Italy France Germany Portugal and Spain written by Luís Gonçalves da Silva and published by Springer Nature. This book was released on 2024-01-02 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: The challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries’ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks.In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations – particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration – without losing sight of each Constitution's historical and political context.The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions.This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.

Download or read book Work Life Balance and the Economic Crisis written by Anthony Forsyth and published by Cambridge Scholars Publishing. This book was released on 2016-01-14 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one can deny the significance attributed to the issue of reconciling work and private life by contemporary society, the EU and other international organisations. Its relevance is evident in the multifaceted nature of this topic and the need for each party to the employment contract to strike a proper balance between professional and personal responsibilities, based on the assumption that people can successfully harmonise their work with life. Following on from these considerations, this volume provides a detailed analysis of work-life balance and its regulation in a number of EU countries, emphasizing the consequences that the current economic crisis has brought about in this field.

Download or read book Migrating to Opportunity written by Mauro Testaverde and published by World Bank Publications. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Acknowledgements -- Overview -- Workers in southeast Asia are on the move -- Migration in ASEAN -- The determinants of migration in ASEAN and the importance of labor mobility costs -- The impacts of migration in ASEAN -- Trade integration and labor mobility in the ASEAN economic community -- Migration policy in the ASEAN region -- Reducing migration costs in ASEAN -- List of figures

Download or read book Informality written by Guillermo Perry and published by World Bank Publications. This book was released on 2007 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Analyzes informality in Latin America, exploring root causes and reasons for and implications of its growth. This book uses two distinct but complementary lenses. It concludes that reducing informality levels and overcoming the "culture of informality" will require actions to increase aggregate productivity in the economy.

Download or read book Comentario a la Reforma laboral de 2010 written by Faustino Cavas Martínez and published by Civitas. This book was released on 2011-02 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: La presente obra ofrece un completo comentario de la ley 35/2010, de 17 de septiembre, de medidas urgentes para la reforma del mercado de trabajo, cuya promulgación ha afectado a numerosas disposiciones laborales y de seguridad social. El comentario, abordado por un grupo de profesores de derecho del trabajo de reconocido prestigio, se inicia con una introducción sobre “crisis económica y reforma laboral”, y se extiende a los diferentes bloques temáticos afectados por la reforma: límites a la contratación temporal, extinción del contrato de trabajo, contrato para el fomento de la contratación indefinida, contratos formativos y fomento del empleo juvenil, traslados y modificaciones sustanciales de condiciones de trabajo, suspensión del contrato y reducción de la jornada como instrumento de flexibilidad interna, nuevo régimen jurídico del descuelgue salarial, bonificación de cuotas para fomentar la contratación indefinida, empresas de trabajo temporal tras la reforma laboral de 2010, servicios públicos de empleo, políticas de empleo y agencias de colocación, acción protectora de la seguridad social, infracciones y sanciones del orden social e igualdad de género y otras cuestiones. La obra constituye un valioso instrumento para que quienes se dedican al estudio y práctica del derecho del trabajo puedan interpretar y aplicar con solvencia la incidencia de la compleja reforma sobre nuestra legislación laboral y de seguridad social.

Download or read book South North Migration of EU Citizens in Times of Crisis written by Jean-Michel Lafleur and published by Springer. This book was released on 2016-12-08 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book looks at the migration of Southern European EU citizens (from Portugal, Spain, Italy, Greece) who move to Northern European Member States (Belgium, France, Germany, United Kingdom) in response to the global economic crisis. Its objective is twofold. First, it identifies the scale and nature of this new Southern European emigration and examines these migrants’ socio-economic integration in Northern European destination countries. This is achieved through an analysis of the most recent data on flows and profiles of this new labour force using sending-country and receiving-country databases. Second, it looks at the politics and policies of immigration, both from the perspective of the sending- and receiving-countries. Analysing the policies and debates about these new flows in the home and host countries’ this book shows how contentious the issue of intra-EU mobility has recently become in the context of the crisis when the right for EU citizens to move within the EU had previously not been questioned for decades. Overall, the strength of this edited volume is that it compiles in a systematic way quantitative and qualitative analysis of these renewed Southern European migration flows and draws the lessons from this changing climate on EU migration.

Download or read book Private International Law Aspects of Corporate Social Responsibility written by Catherine Kessedjian and published by Springer Nature. This book was released on 2020-03-06 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.

Download or read book Application of Foreign Law written by Carlos Esplugues Mota and published by Walter de Gruyter. This book was released on 2011-03-30 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last decade Europe has undertaken an active and broad process of harmonisation of choice-of-law rules within the EU. However, this drastic movement towards a harmonised system has so far left aside a highly relevant issue: the application by judicial and non-judicial authorities of the foreign law. In full contrast to the little attention so far paid to it in the EU, this issue is said to be the crux of the conflict of laws. It violates legal certainty and contradicts the objective of ensuring full access to justice to all European citizens within the EU. This book provides a comparative study of the existing situation in all EU member states and drafts some basic principles for a future European instrument. It will become a highly useful tool for lawyers, judges, notaries, land registries, academics, prosecutors etc.

Download or read book The Privatization of Israel written by Amir Paz-Fuchs and published by Springer. This book was released on 2018-05-03 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book is the first to cover all areas of privatization in Israel and one of the first to do so in general, including state infrastructure, immigration policy, land, health, education, welfare, regulation, and policy design. As such, it offers a comprehensive volume for students, policy makers, and scholars interested in the economic, sociological, political, and legal perspectives of a major policy trend that has changed the face and character of the modern state. In addition, it is a vital contribution to those who have an interest in changes in Israeli society, politics, and economy.

Download or read book Towards Universal Social Protection written by Simone Cecchini and published by UN. This book was released on 2015 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects on the public policies, programmes and regulatory frameworks that are taking a rights-based approach to expanding social protection coverage and benefits in Latin America, with a view to achieving universal coverage. Its discussion of the policy tools and programmes pursued in the region aims to provide the reader with technical and programmatic insights for assembling and coordinating public policies within consistent and sustainable social protection systems. The combination of normative orientations and stock of technical knowledge, together with advances regarding the rights-based approach to social protection within a life cycle framework, afford the reader not only a tool box of specific social protection instruments, but also an in-depth examination of related political economy aspects.

Download or read book Why Growth Matters written by Jagdish Bhagwati and published by PublicAffairs. This book was released on 2013-04-09 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: In its history since Independence, India has seen widely different economic experiments: from Jawharlal Nehru's pragmatism to the rigid state socialism of Indira Gandhi to the brisk liberalization of the 1990s. So which strategy best addresses India's, and by extension the world's, greatest moral challenge: lifting a great number of extremely poor people out of poverty? Bhagwati and Panagariya argue forcefully that only one strategy will help the poor to any significant effect: economic growth, led by markets overseen and encouraged by liberal state policies. Their radical message has huge consequences for economists, development NGOs and anti-poverty campaigners worldwide. There are vital lessons here not only for Southeast Asia, but for Africa, Eastern Europe, and anyone who cares that the effort to eradicate poverty is more than just good intentions. If you want it to work, you need growth. With all that implies.

Download or read book Economic Survey of Latin America and the Caribbean 2008 2009 written by United Nations and published by UN. This book was released on 2010-04 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: The publication of the sixty-first edition of the Economic Survey of Latin America and the Caribbean, corresponding to 2008-2009, comes at a critical point in the economic development of the Latin American and Caribbean region. A growth phase that the region's recent history cannot equal in nature and duration has come to an end and output is contracting. The first part of this edition looks at the channels through which the crisis is affecting the economies of the region and its impact on variables such as economic growth, employment and external-sector indicators. It also discusses the strengths and weaknesses of the countries and concludes with a discussion of the outlook for the second half of the year. The second part discusses policies for creating quality jobs, including challenges and opportunities for labor institutions and labor markets, labor-market policies for youth and women. This CD-ROM also contains the electronic versions of the printed publication. The statistical information presented in this publication reflects the data available up to 30 June 2009

Download or read book Medell n environment urbanism society written by Michel Hermelin Arbaux and published by Universidad EAFIT. This book was released on 2012-01-01 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent times what has become known as "the case of Medellín " has generated a growing interest in the international community. These urban transformation that Medellín has experimented have become a focus of attention and reference for experts in many fields, around the world. The book ́Medellin: Environment, Urbanism and Society ́, that now published the Center for Urban and Environmental Studies, Urbam, of EAFIT University is a testimony of the value given by our culture to the accomplishments of the city, to the idea of the public sphere and the growing relationship between the technical sphere and the political sphere, understood in the broad sense as a form of disciplinary knowledge and construction of civil society. This book brings together a knowledge of the city from multiple perspectives; knowledge that is, without any doubt, impressive for its extension and profoundity, as well as for its capacity to combine objective data with conceptual reflections about the scope and impact of the different perspectives concerning the theme of urban transformation and the different actors that have participated in such processes. The book weaves a broad net over the city, its history and development, adopting a multidisciplinary vision. I think that this will be the first step in creating a speech that might finally liberate itself from the strict disciplinary boundaries, building a trans-disciplinary perspective that can amplify the urban dimension of the city. This is the beginning of a profound and complex reflection that is, at the same time, a project of knowledge and an instrument of action and participation.

Download or read book Welfare and the Welfare State written by Bent Greve and published by Routledge. This book was released on 2014-09-15 with total page 183 pages. Available in PDF, EPUB and Kindle. Book excerpt: The welfare state plays a key role in people’s everyday lives in developed societies. At the same time, the welfare state is contested and there are constant discussions on how and to what degree the state should intervene, influence and have an impact on the development of society. Recent years have seen an accelerated transformation of the welfare state in the light of the global financial crisis, demographic change and changes in the perception of the state’s role in relation to social welfare. This raises fundamentally new issues related to social policy and welfare state analysis. This book provides: an introduction to the principles of welfare a conceptual framework necessary for understanding social policy at the macro-level a comparative approach to welfare states globally an overview of new ways to organise and steer welfare states an introduction to welfare state politics and underlying economic framework an account of equality and inequality in modern societies new directions for welfare states The book’s focus on core concepts and the variety of international welfare state regimes and mechanisms for delivering social policy provides a much needed introduction to the rapidly changing concept of welfare for students on social policy, social studies, sociology and politics courses.

Download or read book Citizen Power written by Mike Gravel and published by Go to Publish. This book was released on 2020-05-21 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: As author of Citizen Power in 1971, Senator Gravel determined that much of what he wrote then is apropos in America today; hence, the release of Citizen Power: A Mandate for Change that reflects the accuracy of his evaluation of problems then, his current position on a number of issues facing America now, and the process Americans can undertake to become empowered as lawmakers in partnership with their elected legislators.