Download or read book Decent Flexibility written by Dr Fred C. A. van Haasteren and published by Kluwer Law International B.V.. This book was released on 2017-07-30 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the context of social law, temporary agency work has always been subject of debate. The pursuit of more flexible forms of labour is at odds with maintaining decent labour relations. For that reason, ever since it was established, the UN organisation for labour issues, ILO, has focused on private work placement. In its early years it tended to prohibit or severely restrict private work placement, but gradually it came to acknowledge that, for instance, temporary agency work had positive aspects, and that a total ban was pointless. In 1997, this culminated in ILO convention 181, which was widely supported. This did not end the debate on non-standards forms of paid work. Which forms of work can be considered decent? How do they relate to human rights? What are the effects of globalisation? In the European context, too, (cross-border) temporary agency work has attracted extensive attention. Lastly, the Netherlands has its own, unique form of public-private regulation. The guiding principle in this book is whether Convention 181 still has value in this day and age. What are the developments in temporary agency work in the social domain? How do they relate to the wide range of flexible work forms that are increasingly catching up with temporary agency work? Decent flexibility is the challenge. Dr Fred van Haasteren (1949) started his career as a scientific associate at the Society and Enterprise Foundation (SMO). From 1978 onward, he worked in the Dutch temporary agency sector. In 1982 he became a board member of Randstad Nederland; in 1991 he became Vice-President of Randstad Holding. Among other things, he was also President of the platform of European temporary agency employers and of the global temporary agency employer umbrella organisation CIETT. He is still a board member of the Dutch Labour Standards Foundation (SNA) and an independent member of the NCP OECD. The social policy pursued by temporary employment agencies has always been at the centre of his activities.

Download or read book Individual Labour Rights as Human Rights written by Elena Sychenko and published by Kluwer Law International B.V.. This book was released on 2017-03-01 with total page 293 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years there has been a substantial debate over the interconnection between labour rights and human rights. Consequently, the jurisprudence of the European Court of Human Rights (ECtHR) concerning substantive individual labour rights, or ‘rights at work’, is coming to greater prominence at the national level throughout the forty-seven Member States of the Council of Europe. This is the first book in English to provide a thorough analysis of the Court’s most recent case law – cases considered in the period from 1963 to 2016 – on fundamental employment rights such as the right to wages, protection from discrimination and unfair dismissal, the right to occupational safety at work, and civil liberties such as the freedom of association, the freedom of religion and expression, and the right to privacy. Drawing on close scrutiny of 347 cases since 1963, the author traces the evolutionary development of the Court’s positions on labour rights as human rights through case analyses, commentary, and general conclusions in each of several categorical groupings. Recent trends are treated in substantial detail. Among the issues and topics raised are the following: – interrelation of ECtHR case law and national labour rights protection; – benefits for employees of reference to ECtHR case law in national proceedings; – role of International Labour Organization conventions and of the European Social Charter in the Court’s reasoning; – application of balancing and proportionality test in relevant to labour law cases; – public criticism of employer, disclosure of information, and standards of whistle-blowers’ protection; and – positive obligations of the State in the ¬field of occupational safety and health. This book offers the most detailed and considered analysis available of how individual labour rights have been referred to in the human rights jurisprudence of the ECtHR. Given that the Court’s positions have already changed certain aspects of some national labour laws, this peerless volume will prove indispensable for practitioners and scholars monitoring the growing applicability of human rights law in matters of labour and employment, especially in the areas of protection of wages, unjust dismissal, and occupational safety.

Download or read book New Developments in Employment Discrimination Law written by Oana ?tefan and published by Kluwer Law International B.V.. This book was released on 2012-11-01 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates’ General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several ‘champion’ instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs – all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal ‘hybrids’; the judicial review of soft law; the potential use of soft law as a ‘sword’ or as a ‘shield’ in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.

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 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 Transnational Labour Regulation written by Kerstin Ahlberg and published by Peter Lang. This book was released on 2008 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book illuminates the process and substance of transnational regulation of labour in a global economy. Transnational labour regulation, a central feature of the European social model, engages the 27 Member States of the European Union, and is of potential importance to the rest of the world. The book analyses the attempts at transnational regulation of temporary agency work through the social dialogue between trade unions and employers' organisations at European level and the subsequent - and so far fruitless - EU legislative process. These two processes of transnational labour regulation, and their interaction, until now have been largely invisible. The book also highlights distinctive features of Member States' national regulation as they interacted with the debates on EU transnational labour regulation. It further explores the overlap between regulation of temporary agency work and the EU's regulation of transnational trade in services, the subject of the Directive on services in the internal market. Finally, it draws lessons from the experience of regulation of temporary agency work at national and European levels for transnational labour regulation in general.

Download or read book Transformations of Work Challenges for the Institutions and Social Actors written by Giuseppe Casale and published by Kluwer Law International B.V.. This book was released on 2019-02-15 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Market volatility and uncertainty have put welfare and social security policies back centre stage and point up the need for closer links with employment policy. The inability of existing income support systems to respond to the increasing fragmentation of people's working careers, the needs of people in difficulty, and the spread of various forms of poverty calls for well-coordinated and efficient responses. This volume highlights the best practices in the various regions of the world in the contexts of international and EU labour law, industrial relations, and social security. Authoritative reports by leading scholars of labour law and social security – originally presented at the twenty-second World Congress of the International Society for Labour and Social Security Law (ISLSSL) held in Turin in September 2018 – cover the following research themes in depth: – informal workers; – migrant workers; – global trade and labour; – organization, productivity, and well-being at work; – transnational collective agreements; – new forms of social security; and – the role of the State and industrial relations. In its insistence that, despite the radical changes in the world of work and business brought about by globalization and digital technologies, the decisions of institutions and public and private actors can lead to a more coherent system of international economic and social governance, this timely volume shows the way forward. Practitioners, policymakers, and scholars in the relevant fields will bene_ t immeasurably from its expert analyses and recommendations.

Download or read book EU Law on Maternity and Other Child Related Leaves written by Miguel De la Corte-Rodríguez and published by Kluwer Law International B.V.. This book was released on 2019-09-04 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although proven effective in protecting pregnancy, giving birth and breastfeeding – that is, the biological differences of women related to maternity – the current European Union (EU) legislative framework on maternity leave tends to overlook the roles of both parents, especially during the post-delivery period of ‘bonding’ with the child. This framework, along with EU law on parental leave, which does not encourage an equal take-up of the leave, gives rise to serious issues of gender equality affecting both men and women. This deeply researched and urgent book proposes alternative options for future EU law on child-related leave which can be applied to both employees and self-employed workers to mitigate these limitations and side effects. Analysing the various EU Directives which, directly or indirectly, relate to maternity leave, paternity leave, adoption leave and parental leave, as well as the corresponding case law of the Court of Justice of the EU, the author uses a social risk approach and tackles the following issues: narrow focus of the legislation on the delivering mother’s incapacity to work; in practice, excessive emphasis on the protection of the delivering mother; silent assent to the unequal distribution of caring responsibilities within the family; lack of attention to women’s labour market outcomes; and the new direction followed by the recently adopted Directive on work-life balance. The research focuses on working parents (including non-delivering parents in same-sex couples or adoption) and includes a comparative analysis of the law of six countries – Belgium, Ireland, Spain, the United Kingdom, Sweden and Portugal – chosen to illustrate the variety of national schemes available and how their desirable features can be introduced into EU law. A more balanced design of child-related leave is a must in today’s society for reasons of fairness and also for economic considerations. This complete analysis of EU legislation and case law about child-related leave – including the first-ever systematic and in-depth analysis on whether maternity leave can be considered discriminatory against fathers and a review of economic literature on how child-related leave affects the situation of women in the labour market – offers forward-looking solutions for child-related leave to enhance gender equality. Practitioners and nongovernmental organisations dealing with EU and national matters related to labour and employment law, social security law and gender equality law will welcome this important book, as will academics and policymakers interested in maternity and other child-related leaves.

Download or read book The Global Labour Market written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: As global power relations increasingly favour international capital, it becomes crucial for labour and employment lawyers to center their field in a supranational context. As long as wages, social security, and taxes remain national matters, states compete at this level in order to attract foreign investment. This does not bode well for employees or the self-employed. Most ameliorative measures come in the form of unenforceable and‘soft lawand’ guidelines and recommendations. The conference recorded in this vitally important book confronts this losing battle of local responses to global challenges. The book reprints the papers submitted to that conference by twenty-three outstanding scholars from fourteen countries. Among the many critical issues they expose and discuss are the following: and• the proliferation of varieties of non-standard employment; and• protection of migrant workersand’ rights by regional organizations; and• global and regional trends in the human resources function; and• work training and education policy; and• effectiveness of equality and non-discrimination standards; and• involvement of employees in workplace decisionmaking; and and• the need for an equitable social safety net. In the course of the discussion the authors examine cases from many countries, including not only EU Member States (both West and East) and the U.S., but also Japan, Chile, South Africa, and Indonesia. With a focus on the nexus of multinational enterprises and international standards, the book provides both a sharp image of where labour law stands in todayand’s worldand—revealing serious social problems in a clearer light than is usually encounteredand—and a very valuable guide to directions to pursue and potential solutions, offered by some of the most engaged and committed minds in the field. It is an indispensable resource for legal workers in this and‘eye of the stormand’ of globalization.

Download or read book In Work Poverty in Europe written by Luca Ratti and published by Kluwer Law International B.V.. This book was released on 2022-07-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: In-work poverty is a reality for too many persons in the European Union (EU). Although everyone is in agreement that poverty must be reduced, rarely is there a specific focus on the plight of those who, despite working, are poor. This important book is the first to unreservedly meet the challenge of defining, measuring, and comparing the legal regimes to combat in-work poverty in Europe, fully attending to the strengths and shortcomings of indicators and allowing the assessment of comparative best practices among the Member States. The distinguished contributors each describe and analyse this complex and multidimensional phenomenon, with its manifold and intertwined causes, in relation to such factors as the following: employment-related factors (wage, type of contract, atypical employment); worker’s socio-demographic characteristics (level of education, gender, age, country of birth); size and composition of household; household work intensity; and institutional factors (childcare, flexible work arrangements, employment protection, housing, technological change). In a major innovation, the book’s methodology approaches the ‘working poor’ by distinctly defining four groups of vulnerable and under-represented persons (VUPs) with detailed statistical information on in-work poverty in each group. Following an in-depth introduction focusing on the definition and ramifications of the concept of in-work poverty – including a discussion of legal scholarship and relevant EU instruments – the situations in seven EU Member States (Belgium, Germany, Italy, Luxembourg, the Netherlands, Poland, and Sweden) are compared, revealing important variations. For each of the VUP groups, these chapters explain their composition at the national level and assess the impact of regulation on the incidence of in-work poverty. The last chapter highlights differences and similarities in an attempt to find patterns and identify common regulatory problems and best practices. The book’s comparative perspective greatly assists in understanding in-work poverty determinants, appraising varieties of relevant national policies, and stimulating the development of effective legal measures. With its close analysis of the limitations of existing measurement indicators, the book sheds light on the role of regulation in the prevalence and persistence of the phenomenon and equips policymakers at the EU and national levels with targeted tools to tackle this severe social problem.

Download or read book Private Employment Agencies Temporary Agency Workers and Their Contribution to the Labour Market written by International Labour Office and published by . This book was released on 2009 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: The private employment agency industry has grown at an incredible pace over the past three decades due to the increasing need to provide workers and services to a growing and flexible labour market. User enterprises hire temporary agency workers to be able to rapidly adjust to the shifting economic realities. Since mid-2008, enterprises have used this pressure-valve function to lay off temporary workers, while often leaving their core workforce intact.

Download or read book ABC of Women Workers Rights and Gender Equality written by International Labour Office and published by International Labour Organization. This book was released on 2000 with total page 124 pages. Available in PDF, EPUB and Kindle. Book excerpt: 2nd version of a 1994 publication.

Download or read book Decent Work for Domestic Workers written by and published by International Labour Organization. This book was released on 2009 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report is intended to facilitate the discussion of domestic work at the Conference, and provides information from across the world that may be useful in replying to the questionnaire appended to it. A special effort has been made to identify and examine focused and innovative laws and regulations on domestic workers that are emerging in a number of countries.

Download or read book A Global Alliance Against Forced Labour written by International Labour Office and published by International Labour Organization. This book was released on 2005 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report is an account of contemporary forced labour to date. It provides the first global and regional estimates by an international organization of forced labour in the world today, including the number of people affected and how many of them are victims of trafficking, as well as of the profits made by the criminals exploiting trafficked workers.Based on these data, the report highlights the gravity of the problem of forced labour. From this data emerges three major categories of forced labour: forced labour imposed by the State for economic, political or other purposes, forced labour linked to poverty and discrimination and forced labour that arises from migration and trafficking of workers across the world, often associated with globalization.The report provides evidence that the abolition of forced labour represents a challenge for virtually every country in the world industrialized, transition and developing countries alike. It assesses experience at the national level in taking up this challenge, with particular emphasis on the importance of sound laws and policies and their rigorous enforcement, as well as effective prevention strategies. The report also reviews the actions against forced labour taken over the past four years by the ILO and its tripartite partners governments, employers and workers. It calls for a new global alliance to relegate forced labour to history.

Download or read book Merchants of Labour written by International Labour Office and published by International Labour Organization. This book was released on 2006 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: More workers are crossing national borders to look for jobs than ever before. Many migrants seek overseas employment with the help of agents or intermediaries. These "merchants of labour" include relatives who finance a migrant's trip, provide housing and arrange for a job abroad; public employment services; and private recruitment agencies. They also comprise an insalubrious underworld of smugglers and traffickers. The agents who recruit and deploy migrant workers are at the heart of the evolving migration infrastructure, i.e. the network of business and personal ties that is creating a global labour market. This book highlights best practices in the activities and regulation of these merchants of labour as well as innovative strategies to protect migrant workers, underlining the contribution of ILO standards. It covers a broad range of national and regional experiences and puts "merchants of labour" in the wider context of changing employment relationships in globalizing labour markets. The papers it contains are an important contribution to understanding a major mechanism facilitating the growth of the migrant labour force.

Download or read book Customary International Humanitarian Law written by Jean-Marie Henckaerts and published by Cambridge University Press. This book was released on 2005-03-03 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: Customary International Humanitarian Law, Volume I: Rules is a comprehensive analysis of the customary rules of international humanitarian law applicable in international and non-international armed conflicts. In the absence of ratifications of important treaties in this area, this is clearly a publication of major importance, carried out at the express request of the international community. In so doing, this study identifies the common core of international humanitarian law binding on all parties to all armed conflicts. Comment Don:RWI.

Download or read book Women at Work written by International Labour Office and published by . This book was released on 2016-03-08 with total page 135 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the ILO's founding in 1919, gender equality and non-discrimination have been pillars of its mission to promote social justice through the world of work. As the Organization approaches its second century, it has chosen to focus on women at work as one of its centenary initiatives. Women at Work: Trends 2016 is a key contribution to these efforts and seeks to further the central goals of the 2030 Sustainable Development Agenda. The report provides a picture of where women stand today in the world of work and how they have progressed over the past 20 years. It examines the global and regional labour market trend and gaps, including in labour force participation rates, employment-to-population rates and unemployment rates, as well as differences in the type and status in employment, hours spent in paid and unpaid work, sectoral segregation and gender gaps in wages and social protection. It also presents an in-depth analysis of the gender gaps in the quality of work and explores the key policy drivers for gender transformative change. The discussions and related recommendations focus on three main dimensions: sectoral and occupational segregation, the gender wage gap, and gaps in the policy framework for work and family integration.