Download or read book Rome I Regulation and employment contracts written by Marzena Madrak and published by Key Editore. This book was released on 2017-05-13 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of this book is to discuss the main provisions of the Rome I Regulation relating to employment contracts with an international element. It outlines two competing objectives of the regulation, namely, to increase legal certainty and predictability of the law applicable to the contract and to ensure the protection of the employee as the party to a contract viewed as being weaker. It answers the questions concerning the scope of the autonomy of the parties making the choice of law, as well as the mode of indication of the applicable law in the absence of choice. It is clear from the considerations in the book that the solution adopted for individual employment contracts expresses the will of the authors of the regulation, to ensure, first and foremost, the protection of the worker as the weaker party to a contract.

Download or read book Restatement of Labour Law in Europe written by Bernd Waas and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 1113 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is part of a series which sets out a restatement of labour law in Europe. Its second volume looks at atypical employment relationships in Europe. Opening with a restatement, the book provides comparative commentary on the question of how fixed-term employment relationships, part-time employment relationships and temporary agency work is regulated by law in the individual states, which case law of the courts must be observed in this respect and which possibilities exist for shaping such relationships on the basis of collective bargaining agreements. The book goes on to systematically explore the national regulatory framework of: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom. In this area, which is largely shaped by EU law in many countries, the commonalities and differences with regard to the relevant regulatory issues are examined. This important new project provides the definitive survey of labour law in Europe today.

Download or read book The Favourability Principle under the Posting of Workers Directive Minimum Rates of Pay written by Marzena Madrak and published by Key Editore. This book was released on 2019-02-26 with total page 136 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book discusses the specific conflict-of-law rule provided for in the Posted Workers Directive under Article 3 (1) and the derogation of this rule resulting from the principle of advantage laid down in Article 3 (7). It outlines the operation of the favourability principle with regard to minimum rates of pay and the practical aspects of the operation of this principle in litigation.

Download or read book WRITTEN PLEADINGS BEFORE THE ECtHR written by Jekaterina Nikitina and published by Key Editore. This book was released on 2018-03-11 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book lies in the field of Genre Studies and Legal Translation Studies. It aims at filling in a gap on the language and structure of the occluded genre of written pleadings. The results contain a list of linguistic building blocks used as text-organizing patterns in this genre; they are oriented at legal practitioners who have to draft such documents and may be of use to legal translators.

Download or read book Protection of taxpayers written by Natalia Vorobyeva and published by Key Editore. This book was released on 2019-09-21 with total page 133 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book focuses on the protection afforded to taxpayers by the European Convention on Human Rights. It discusses the procedural guarantees of Article 6 of the Convention and the substantive rights guaranteed to taxpayers by Article 1 of Protocol no. 1 to the Convention (protection of property) and Article 14 of the Convention (prohibition of discrimination). These rights and guarantees are analysed through the prism of wide margin of appreciation afforded to the States in designing and implementing their tax policies.

Download or read book Dissolution of political party written by Sungjin Kim and published by Key Editore. This book was released on 2017-05-24 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Korean Constitutional Court adopted a two-prong test in its first case on dissolution of political party in determining whether to dissolve the political party. According to Article 8 Section 4 of the Korean Constitution, a political party may be dissolved if the purposes or activities of the political party are contrary to the fundamental democratic order. The Korean Constitutional Court not only used Article 8(4) of the Constitution as a standard of review for dissolution of political party but also adopted the principle of proportionality as another standard of review to be met even though the Constitution does not explicitly say so. The European Court of Human Rights has also used essentially a two-step test where the dissolution of a political party is justified if there is a pressing social need for the dissolution and the dissolution is proportionate to the legitimate aims pursued. In principle, the criteria established by the Korean Constitutional Court is very similar to the ones developed by the European Court of Human Rights even though the outcome of the application seems to be somewhat different.

Download or read book The Future of Work written by Adalberto Perulli and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.

Download or read book Medical negligence written by Daniela Tatu and published by Key Editore. This book was released on 2018-09-27 with total page 254 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book lies in the field of Legal Studies. The practical goal of this book is to provide an accessible yet challenging explanation of the cases dealt in the area of medical negligence, first by the European Commission of Human Rights (from 1954 to 1998, before Protocol 11 to the European Convention on Human Rights entered into force, allowing individuals to have direct access to the European Court of Human Rights) and later on by the European Court of Human Rights. The book is intended as a manageable and useful introduction in the legal issues examined by the above mentioned European judicial bodies in connection with allegations of medical negligence, and therefore does not attempt to delve into the entirety of the subject in the full detail it deserves.

Download or read book Violence against Women written by Daniela Simona Tatu and published by Key Editore. This book was released on 2019-03-21 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ms Daniela-Simona Tatu holds a Master’s Degree in Criminal Law from the Police Academy of Bucharest (Romania) and works as a Public Prosecutor within the Prosecution Office attached to the Bucharest Fourth District Court. Since September 2015 she has been seconded with the European Court of Human Rights, position which allows her to have a closer look into the above mentioned judicial body mechanism. Her main areas of interest are international criminal law and international protection of human rights, areas in which she conducts various researches and publishes on the subject

Download or read book A journey trough countries and history written by Francesco Buffa and published by Key Editore. This book was released on 2017-04-27 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book covers the most important historical events of the twentieth century and the new millennium, from a very special standpoint, that one of the judgments of the European Court of Human Rights. In this respect, we have both a reading of history and a brief legal analysis, almost a “divertissement” that combines two different areas of the humanities.

Download or read book Sustainable Transition of Meat and Cured Meat Supply Chain written by Anna Maria Fellegara and published by Springer Nature. This book was released on 2023-09-23 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume provides an innovative perspective on the future of food systems. The contributors analyse relevant issues for a sustainable and responsible food consumption and cover fundamental steps for a broader approach to the sustainability of meat-based products. The book presents several issues and solutions to engage food firms in a measurable ecological transition. Topics discussed include not only the pedagogical perspective on sustainable food consumption, the evolution of (meat-based) food production systems and the animal welfare perspective, but also the adaptation of firm’s strategies to the sustainable transition, the effects of climate change on agri-food firms’ governance structures and the evolution of consumers perceptions on meat-based products and the role of CSR labels. This book targets managers and entrepreneurs who work in the meat industry and are seeking to improve their socio-environmental performance and governance, accountants that works at the production of sustainability reports for food companies, researchers working at the cutting edge of the food and environmental fields, professionals working in the meat industry and researchers interested in the investigation of novelties in European food regulation.

Download or read book Modern Forms of Work written by Stefano Bellomo and published by Sapienza Università Editrice. This book was released on 2020-10-06 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collective volume “Modern Forms of Work. A European Comparative Study” evokes the intent to embody a reflection focused on modern labour law issues from a comparative perspective. A first set of essays contains national reports on modern forms of work. The second group contains some reflections regarding critical issues on digitalization, platforms and algorithms, analysing the different facets of the galaxy of digital work. The third group of essays flows into the section entitled “new balances and workers’ rights in the digital era”, a crucial topic in the debate. The complex of the writings, despite the diversity of approaches and methods, reveals the existence of a dense and inexhaustible dialogue between young scholars, at European and extra-European level. The analysis of new forms of work – the offspring of transnational processes of globalization and technologization – forms a fertile ground for experimenting a transnational dialogue on which young researchers can practice with excellent results, as this small volume confirms.

Download or read book THE RECEPTION OF HUMAN RIGHTS IN EARLY MODERN CHINA 1897 1927 written by LI Sha and published by Key Editore. This book was released on 2017-05-31 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book aims to provide a context-informed, culture-sensitive picture of the reception of human rights in the early period of Chinese modernization. Following the delineation of the role of human rights in the democratic campaign, the anti-patriarchy movement and the cultural-psychological transformation, it inquires the conceptual grounds for the reception of human rights as well as features of the Sinicized understanding of human rights. It presents how the indigenous humanistic resources and the imported Western ideas jointly resulted in the ready acceptance of human rights, which was remarkably underpinned by a prevalent patriotic motivation. Observing the moral connotation in the Chinese interpretation of human rights, it discloses the impact of the traditional ‘ethical’ vision of the individual that subsumed the ‘right’ perspective, which both harbored the inclination of new forms of oppression of individual freedom, and provided a possible paradigm that synthesizes the good of the individual and of society. This constituted an inquiry of the relationship between Confucianism and human rights, which is still a theme of fierce debate in contemporary discussions.

Download or read book Labour Law and Sustainable Development written by Valentina Cagnin and published by Kluwer Law International B.V.. This book was released on 2020-06-05 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour Law and Sustainable Development is a detailed reconstruction of the regulatory framework and jurisprudential findings of sustainable development at the international, European and national level. The global crisis of the past decade has underlined the social unsustainability of the ultra-liberalistic theories through which the labour law deregulation represents the precondition for social and economic development coherent with the globalization imperatives. It is no exaggeration to assert that the existing foundations of labour law have been irreversibly compromised. It is essential to find a way out of the crisis, at the same time defining the founding values of new sustainable labour law. In linking labour law with the sustainability paradigm, this provocative book promises to widen the scope and terms of the reconciliation of interests, taking into account the multiplicity of the stakeholders interested in economic, social and environmental issues and, in particular, to practise an approach that achieves intergenerational equity. What’s in this book: In an unprecedented comparative study, including case law, of the network of principles, agreements, practices and norms concerning sustainable development and its different economic and social implications, the author examines such facets as the following: sustaining solidarity and equality of opportunity in current and emerging work situations; enhancing individual autonomy in the current world of (subordinate but independent) labour; reconciling personal needs, flexible organization of companies and reduction of external and internal costs to companies; collective action for the regulation of labour relations allowing for the exercise of individual autonomy; involving entire populations that have been so far excluded in the world scene; developing a sustainable pension system to promote intergenerational solidarity; implementing flexicurity policies positively; social clauses of international trade treaties; undoing the profound contradiction of gender and wage inequalities; and promoting corporate social responsibility. The objective of this book is to provide the reader with a reasoning basis to assess whether the choice to elect sustainable development as a new paradigm of reference for labour law is feasible, and if, in particular, this choice can be useful in order to define the founding values of a new ‘sustainable’ labour law. How this will help you: Using an interdisciplinary approach, the author emphasizes the need to consider the various dimensions of sustainability together, not only the original environmental but also the economic and social dimensions. This book offers a real strategic leap for both legislators and social actors, in particular leading the way to avoiding a fracture of the generational pact that has held together modern societies. Although the book presents a profound academic contribution to the analysis of labour law realities and trends, it will also be welcomed by corporate lawyers, judges, human rights experts, trade unionists, business managers, entrepreneurs and consultants interested in the issues of labour, sustainable development and social rights.

Download or read book Digital Work and Personal Data Protection written by Lourdes Mella Méndez and published by Cambridge Scholars Publishing. This book was released on 2018-12-21 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book gathers contributions related to the most pressing problems and challenges that new information and communications technologies (ICT) and digital platforms introduce into the labour market, and the impact they have on the way that people work, their rights and even their health and dignity. In addition, there are also chapters studying personal data protection, which is currently a topic of maximum interest due to the New European Regulation about it. The contributors here are drawn from around the world, with several countries represented, such as Portugal, Spain, Italy, Brazil, Australia and Venezuela. The book will appeal lawyers, legal and human resources experts, economists, judges, academics and staff from trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (6) and Portuguese (4).

Download or read book Changing Industrial Relations Modernisation of Labour Law written by Marco Biagi and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty-three distinguished authorities in the field of labour and industrial relations law gather here to enhance and complement the work of the late Marco Biagi, a man who, at the time of his violent and untimely death, had shown himself to be the most insightful and committed international scholar in this complex and controversial and, as it proved, even dangerous field. The topics covered range over many of Professor Biagi's special interests, including the following: the formulation of a new basis for labour law that could resolve new issues; employee protection in corporate restructuring; the trend toward individual 'enterprise bargaining'; a new European employment policy and what it might entail; the growing phenomenon of 'flexibilisation'; the effects of an aging workforce; the crucial nexus of free trade, labour, and human rights; the promise of EU enlargement; and protection of part-time workers. There is a lot of insight, innovation, and just clear thinking in this wide-ranging and far-reaching book. It will be of exceptional value to scholars, lawyers, and others concerned with the extensive and unpredictable changes under way in today's world of work.

Download or read book La nuova disciplina del lavoro tra flessibilit e tutele written by AA.VV and published by Key Editore. This book was released on 2017-01-31 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Il nuovo corso del diritto del lavoro si fonda sulla promessa di uno scambio fra una minore tutela del lavoratore sul piano del rapporto contrattuale, perseguita con l’immissione di dosi crescenti di flessibilità nella gestione e nella cessazione del rapporto stesso, e una maggiore tutela sul piano del mercato del lavoro, garantita da un più efficace sistema di ammortizzatori sociali e di sostegno alla rioccupazione. La Scuola Superiore della Magistratura ha organizzato per il 24–26 ottobre 2016 un incontro di studi per magistrati, che, attraverso l’esame della disciplina di attuazione della legge n. 183 del 10 dicembre 2014 (c.d. Jobs Act), si è proposto di verificare la sostenibilità giuridica e sociale di tale prospettiva. I partecipanti al detto incontro, in vista dello stesso o successivamente ad esso, hanno redatto le relazioni raccolte in questo volume.