Download or read book The Sources of Labour Law written by Tamás Gyulavári and published by Kluwer Law International B.V.. This book was released on 2019-12-06 with total page 634 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

Download or read book Employment Relations in the 21st Century written by Valeria Pulignano and published by Kluwer Law International B.V.. This book was released on 2019-11-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.

Download or read book Law and the Shaping of the American Labor Movement written by William E. Forbath and published by Harvard University Press. This book was released on 2009-07-01 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why did American workers, unlike their European counterparts, fail to forge a class-based movement to pursue broad social reform? Was it simply that they lacked class consciousness and were more interested in personal mobility? In a richly detailed survey of labor law and labor history, William Forbath challenges this notion of American “individualism.” In fact, he argues, the nineteenth-century American labor movement was much like Europe’s labor movements in its social and political outlook, but in the decades around the turn of the century, the prevailing attitude of American trade unionists changed. Forbath shows that, over time, struggles with the courts and the legal order were crucial to reshaping labor’s outlook, driving the labor movement to temper its radical goals.

Download or read book United States Code written by United States and published by . This book was released on 2013 with total page 1506 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.

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 Taking Back the Workers Law written by Ellen J. Dannin and published by Cornell University Press. This book was released on 2006 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focuses on unions and on the National Labor Relations Board (NLRB) and National Labor Relations Act (NLRA), the agency and the law created to promote unionization and collective bargaining. Argues that the effectiveness of the NLRB has been eroded by judicial decisions that have radically rewritten the MLRA. Offers concrete solutions to counter the attack on workers' rights.

Download or read book American Labor Struggles and Law Histories written by Kenneth M. Casebeer and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In more than twenty chapters and interludes, American Labor Struggles and Law Histories narrates the collective actions of workers and how those actions intersected with and were impacted by law, courts, and the police, from a slave revolt in 1712 in New York City and the first casualties in the American Revolution to contemporary actions such as supply chain pressures on Walmart. New chapters include tying together the West and East Coast organizing drives of the CIO in 1935, present-day issues affecting Wisconsin public workers, and efforts to resist wage theft.

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 The Supreme Court on Unions written by Julius G. Getman and published by Cornell University Press. This book was released on 2016-05-19 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labor unions and courts have rarely been allies. From their earliest efforts to organize, unions have been confronted with hostile judges and antiunion doctrines. In this book, Julius G. Getman argues that while the role of the Supreme Court has become more central in shaping labor law, its opinions betray a profound ignorance of labor relations along with a persisting bias against unions. In The Supreme Court on Unions, Getman critically examines the decisions of the nation’s highest court in those areas that are crucial to unions and the workers they represent: organizing, bargaining, strikes, and dispute resolution. As he discusses Supreme Court decisions dealing with unions and labor in a variety of different areas, Getman offers an interesting historical perspective to illuminate the ways in which the Court has been an influence in the failures of the labor movement. During more than sixty years that have seen the Supreme Court take a dominant role, both unions and the institution of collective bargaining have been substantially weakened. While it is difficult to measure the extent of the Court’s responsibility for the current weak state of organized labor and many other factors have, of course, contributed, it seems clear to Getman that the Supreme Court has played an important role in transforming the law and defeating policies that support the labor movement.

Download or read book Rights Not Interests written by James A. Gross and published by Cornell University Press. This book was released on 2017-11-15 with total page 292 pages. Available in PDF, EPUB and Kindle. Book excerpt: This provocative book by the leading historian of the National Labor Relations Board offers a reexamination of the NLRB and the National Labor Relations Act (NLRA) by applying internationally accepted human rights principles as standards for judgment. These new standards challenge every orthodoxy in U.S. labor law and labor relations. James A. Gross argues that the NLRA was and remains at its core a workers’ rights statute. Gross shows how value clashes and choices between those who interpret the NLRA as a workers’ rights statute and those who contend that the NLRA seeks only a "balance" between the economic interests of labor and management have been major influences in the evolution of the board and the law. Gross contends, contrary to many who would write its obituary, that the NLRA is not dead. Instead he concludes with a call for visionary thinking, which would include, for example, considering the U.S. Constitution as a source of workers’ rights. Rights, Not Interests will appeal to labor activists and those who are trying to reform our labor laws as well as scholars and students of management, human resources, and industrial relations.

Download or read book Labor and the Wartime State written by James B. Atleson and published by University of Illinois Press. This book was released on 1998 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States labor movement can credit -- or blame -- policies and regulations created during World War II for its current status. Focusing on the War Labor Board's treatment of arbitration, strikes, the scope of bargaining, and the contentious issue of union security, James Atleson shows how wartime necessities and language have carried over into a very different post-war world, affecting not only relations between unions and management but those between rank and file union members and their leaders.

Download or read book The Making of Law written by William Suarez-Potts and published by Stanford University Press. This book was released on 2012-09-26 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite Porfirio Díaz's authoritarian rule (1877-1911) and the fifteen years of violent conflict typifying much of Mexican politics after 1917, law and judicial decision-making were important for the country's political and economic organization. Influenced by French theories of jurisprudence in addition to domestic events, progressive Mexican legal thinkers concluded that the liberal view of law—as existing primarily to guarantee the rights of individuals and of private property—was inadequate for solving the "social question"; the aim of the legal regime should instead be one of harmoniously regulating relations between interdependent groups of social actors. This book argues that the federal judiciary's adjudication of labor disputes and its elaboration of new legal principles played a significant part in the evolution of Mexican labor law and the nation's political and social compact. Indeed, this conclusion might seem paradoxical in a country with a civil law tradition, weak judiciary, authoritarian government, and endemic corruption. Suarez-Potts shows how and why judge-made law mattered, and why contemporaries paid close attention to the rulings of Supreme Court justices in labor cases as the nation's system of industrial relations was established.

Download or read book Labor Law written by David E. Strecker and published by CRC Press. This book was released on 2011-02-18 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether you are a supervisor, a business owner, or an HR professional, it is essential that you understand the laws and rules governing how one treats employees and interacts with unions. In a comprehensive and accessible format, Labor Law: A Basic Guide to the National Labor Relations Act provides a practice-oriented foundation on labor law. The book sheds light on one of America's most important laws and one which is also, perhaps, the most misunderstood. This book presents an overview of labor and employment laws such that managers may understand their rights as employers as well and their employees' rights. It covers an introduction to the topic of labor and employment law as well as a brief history within the United States. Other chapters deal with unions and union relations, collective bargaining agreements, grievances, labor arbitration, unfair labor practice proceedings, and strikes and lockouts. The author does not focus on complex regulations and convoluted case law, but distills them to reveal the essence of the NLRA and how it works. As important as it is, at times labor law can seem counter-intuitive. Written by a highly experienced labor lawyer, this book contains concise explanations in an easy-to-use format. Clearly delineating a process that can be fraught with traps for the unwary, it supplies a quick reference that can be used in a crisis situation to understand the parameters of what you can and cannot do.

Download or read book Handy Reference Guide to the Fair Labor Standards Act Federal Wage hour Law written by United States. Wage and Hour and Public Contracts Divisions and published by . This book was released on 1963 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book An Introduction to U S Collective Bargaining and Labor Relations written by Harry C. Katz and published by Cornell University Press. This book was released on 2017-09-15 with total page 487 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive textbook provides an introduction to collective bargaining and labor relations with a focus on developments in the United States. It is appropriate for students, policy analysts, and labor relations professionals including unionists, managers, and neutrals. A three-tiered strategic choice framework unifies the text, and the authors’ thorough grounding in labor history and labor law assists students in learning the basics. In addition to traditional labor relations, the authors address emerging forms of collective representation and movements that address income inequality in novel ways. Harry C. Katz, Thomas A. Kochan, and Alexander J. S. Colvin provide numerous contemporary illustrations of business and union strategies. They consider the processes of contract negotiation and contract administration with frequent comparisons to nonunion practices and developments, and a full chapter is devoted to special aspects of the public sector. An Introduction to U.S. Collective Bargaining and Labor Relations has an international scope, covering labor rights issues associated with the global supply chain as well as the growing influence of NGOs and cross-national unionism. The authors also compare how labor relations systems in Germany, Japan, China, India, Brazil, and South Africa compare to practices in the United States. The textbook is supplemented by a website (ilr.cornell.edu/scheinman-institute/research/introduction-us-collective-bargaining-and-labor-relations) that features an extensive Instructor’s Manual with a test bank, PowerPoint chapter outlines, mock bargaining exercises, organizing cases, grievance cases, and classroom-ready current events materials.

Download or read book Law Labor and Ideology in the Early American Republic written by Christopher L. Tomlins and published by Cambridge University Press. This book was released on 1993-04-30 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a fundamental reinterpretation of law and politics in America between 1790 and 1850, the crucial period of the Republic's early growth and its movement toward industrialism. It is the most detailed study yet available of the intellectual and institutional processes that created the foundation categories framing all the basic legal relationships involving working people.

Download or read book Game Changers in Labour Law written by Frank Hendrickx and published by Kluwer Law International B.V.. This book was released on 2018-03-01 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: The renowned international labour law scholars contributing to this incomparable volume use the term ‘game changers’ to refer to evolutions, concepts, ideas and challenges that are having, or have had, major impacts on how we must understand and approach labour law in today’s global economy. The volume derives from an international conference organized by the Institute for Labour Law at the University of Leuven, Belgium in November 2017. This initiative is pursued in the spirit and with the methods of the late Emeritus Professor Roger Blanpain (1932–2016), a great reformer who continuously searched for key challenges in the world of work and looked as far as possible into the future, engaging in critical reflection and rethinking the design of labour law. While seeking to identify the main game changers, the authors explore new pathways and answers which may help to understand and shape the future of work. This is the 100th of Kluwer’s Bulletin of Comparative Labour Relations, a series Professor Blanpain launched nearly fifty years ago. The contributors address, and reflect on, such vital issues and topics as the following: – the ‘gig’ economy; – core labour law values; – freedom of association; – non-standard employment; – the rise of the service sector; – employment and self-employment; – the European Pillar of Social Rights; – app-based work; – algorithms as controls in the workplace; – collective bargaining rights and the right to strike; – the role of temporary employment agencies; and – termination of the employment relationship. There are also chapters devoted to specific issues in France, Italy, the United Kingdom, Estonia, China and the United States. Roger Blanpain consistently reminded us that labour relations are power relations. Although this book shows that the power balance is tipped towards employers in today’s world, what is nevertheless very clear is that labour law can play a crucial role in re-enlivening equitable outcomes, fairness, decent work and social justice in our contemporary and future societies, and that academia can help to understand, guide and shape that future. For this reason, this book will be invaluable to professionals in labour relations, whether in the academic, policy or legal communities.