Download or read book Temporary Contracts Employment Protection and Collective Bargaining written by Makoto Masui and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper examines the effect of employment protection in a matching model with endogenous job destruction, collective bargaining, and two types of employment contracts. Using this framework, we show that (i) the impact on job creation and job destruction caused by reducing the firing costs associated with temporary jobs depends on the labour unions' bargaining strength and the gap in firing costs between contracts; (ii) reducing the firing costs associated with permanent jobs unambiguously decreases equilibrium unemployment if labour unions have strong bargaining power; and (iii) the impact caused by the firing costs differs between collective and individual bargaining.
Download or read book Regulation of Fixed term Employment Contracts written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades enterprises worldwide have reaped advantages of hiring employees on a contractual fixed-term basis, thus derogating from their traditional participation in the social protection of workers and insulating themselves from legal liability for unjust dismissal. A broad spectrum of effectiveness has emerged in this development, as different countries have adopted varying measures to regulate the conditions under which fixed- term employment contracts are written, applied, and interpreted. This important book --- which reprints papers submitted to the 10th Comparative Labour Law Seminar of the Japan Institute for Labour Policy and Training held in Tokyo on 8 and 9 March 2010 - details the regulatory approaches to fixed-term contracts in major industrial jurisdictions in Asia and Europe, providing an opportunity to explore normative directions for labour law and policy in the age of a diversified workforce. Nine Knowledgeable and experienced contributors describe and analyse the legal status of fixed-term employment contracts (including relevant case law) in Australia, Britain, China, France, Germany, Japan, Korea, Sweden, and Taiwan. Each author takes into account evaluations from scholars, policymakers, and stakeholders to his or her country's regulatory approach to fixed-term employment contracts, revealing an array of responses ranging from a view that such contracts enhance employment opportunities in society to advocating suppression of their use as inherently abusive and discriminatory. The combined effect of these nine essays is to greatly increase our awareness of the nature of fixed-term employment contracts, from their fundamental value as social policy instruments to their inextricable connection with the law of dismissal. The book sets the stage for deeper and more firmly grounded work that promises to elucidate the underlying pattern of a new employer-employee relationship emerging on a worldwide scale.
Download or read book Job Security and Temporary Employment Contracts written by Mehdi Shabannia Mansour and published by Springer. This book was released on 2018-06-28 with total page 111 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses the need of a legal protection at national and global levels to address the use of temporary employment contracts by employers. Chapter 1 reviews some theories of job security, showing how job security issues should be regulated in labour laws to protect workers and also how temporary contracts affect job security. Chapter 2 examines legal protection of job security in temporary contract in international contexts where it examines the concept and need for job security and job protection especially for temporary contracts based on three United Nations’ instruments, namely, the Universal Declaration of Human Rights (UDHR), International Covenant on Civil and Political Rights (ICCPR), and International Covenant on Economic, Social and Cultural Rights (ICESCR). Chapter 3 studies the ILO standards in relation to job security and temporary contracts as well as those covered by the Philadelphia Declaration and other conventions and recommendations. Chapter 4 discusses Islamic jurisprudence on jobs and job security. The main aims of this chapter is to provide the framework for protecting workers as a means to enhance job security in the world especially in Islam. It discusses Islamic jurisprudence concerning work and job conditions. The Islamic precept is based on the Qur’an and Hadith and these sources are used to explain the concept of jobs in Islam. In addition, this chapter also examines the Cairo Declaration on Human Rights in Islam (CDHRI).
Download or read book Temporary Agency Work in the European Union and the United States written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2013-07-11 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the very beginning, temporary agency work has been an accepted feature in the United States’ labour market. In the European Union, however, it took more than thirty years to agree on European-level legislation in this area. The European Directive 2008/104/EC on Temporary Agency Work was promulgated on 19 November 2008. Implementation was due by 5 December 2011. The directive left many options for Member States, such as regarding the fundamental issue of equal treatment between the temporary agency worker and a comparable worker in the user enterprise. Furthermore, Member States had to review restrictions or prohibitions on the use of temporary agency work in order to comply with the directive. This book provides in-depth insight into the transposition of Directive 2008/104/EC in national legislation, collective agreements, and practices throughout the European Union. A comparison with the regulation of temporary agency work in the United States gives perspective to the analysis and allows for an assessment of the level of protection afforded in this sector of the labour market both in the EU and in the US.
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 Rethinking Workplace Regulation written by Katherine V.W. Stone and published by Russell Sage Foundation. This book was released on 2013-02-14 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.
Download or read book Labour Employment written by Matthew Howse and published by Law Business Research Ltd.. This book was released on 2017-05-25 with total page 921 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour & Employment, edited by Matthew Howse, Sabine Smith-Vidal, Walter Ahrens and Mark Zelek of Morgan Lewis & Bockius LLP, enables you to understand the maze of employment laws needed to deal with a global workforce, covering areas such as: legislation and agencies, worker representation, background information on applicants, terms of employment, foreign workers, liability of acts of employees, taxation of employees, employee-created IP, termination of employment and dispute resolution. In an easy-to-use question and answer format, trusted and reliable information on key topics of law and regulation in this area is provided by leading practitioners around the world. As well as in-depth comparative study of the topic in 40 jurisdictions, there are also editorial chapters covering gender pay equality and a global overview. "e;The comprehensive range of guides produced by GTDT provides practitioners with an extremely useful resource when seeking an overview of key areas of law and policy in practice areas or jurisdictions which they may otherwise be unfamiliar with."e; Gareth Webster, Centrica Energy E&P
Download or read book Temporary and contracted work in the United States written by Françoise J. Carré and published by . This book was released on 1998 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contingent Employment in Europe and the United States written by Ola Bergström and published by Edward Elgar Publishing. This book was released on 2003 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Bergström and Storrie are to be praised for what stands as a highly readable, engaging account of the development of temporary work, and also one that breaks new ground. The focus here is not just on profiling national trends, but also on locating them in a broader regulatory context. At a time when even the most passive regulation is derided for undermining "flexibility" and holding back growth, the insights contained in this book are of considerable value. In my view, Contingent Employment in Europe and the United States should be essential reading both for academics and policymakers.' - Ian Kirkpatrick, Industrial Relations Journal Contingent Employment in Europe and the United States examines the developments in labour markets in advanced economies in the 21st century, as regards contingent employment. This is defined as employment relationships that can be terminated with minimal costs within a predetermined period of time. This includes fixed-term contracts, temporary agency work and self-employment. Contingent employment has been the subject of much legislative activity in the last decade, at both the national and European level. Temporary agency work, in particular, has recently been extensively deregulated in most European countries and currently we await the fate of a proposed EU directive on agency work. The book is therefore highly topical.
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 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 554 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 Temporary Agency Work and the Information Society written by Wilfried Beirnaert and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 382 pages. Available in PDF, EPUB and Kindle. Book excerpt: A generation ago, temporary work was practically outlawed. During the 1950s, the International Labour Organisation (ILO) clearly stated (in request to a question from the Swedish government) that temporary agency work was prohibited by ILO Convention 96 regarding fee-charging placement. Trade unions, of course, were in complete agreement, both because temporary work arrangements undermined the situation of permanent workers and deprived the temporary workers themselves of equal treatment guarantees. Yet persistent employers, always ready to find ways around this prohibition, have gone from strength to strength until today the role of private employment services is offered up to the public as that of an active link between employer and employee and an equal benefit to both. It is even defended as a force that effects the social integration of long-term unemployed, even of non-qualified or less-qualified workers. It is indeed along these lines that the proposed European directive on the working conditions of temporary workers justifies its requirement of Member States to discontinue any restrictions or prohibitions on temporary work for certain groups of workers, sectors or areas of economic activity. But how justifiable is this idea of the generalized leasing of employees? How acceptable is it under both labour law and social justice considerations? Although these important questions have been asked repeatedly for many years, no answers acceptable to all parties have yet been found. Accordingly, in April 2003 a group of outstanding authorities- practitioners, ILO officials, academics, policymakers, jurists, and labour experts-met in Brussels to reconsider these issues in light of the ongoing discussion on the proposed directive and the major labour market developments which have taken place in many countries over the last few years. Among the considerations raised there (and recorded in this book) are the following:the potential role of private employment agencies as fully integrated manpower providers;the wages and working conditions of workers who are put at the disposal of users;guarantees of equal treatment and other social protection provisions for temporary workers;the possible development of a dual-employer scheme of agency and user; and, continuing work 'diversification' and its acceptability to the various actors and interests involved. These papers, reports and panels merit great attention because the matters they discuss will determine the way our labour markets-at national, European and international level-will function for years to come. No practitioner, policymaker, or academic in the field of employment and labour relations can afford to ignore this very significant book. This volume contains reports given at the International Conference on Temporary Agency Work and the Information Society, held on 28-29 April 2003 at the Royal Flemish Academy, Brussels, and sponsored jointly by the Academy, the Euro-Japan Institute for Law and Business, and the Society for International and Social Cooperation.
Download or read book Collective Agreements written by Susan Hayter and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective bargaining involves a process of negotiation between one or more unions and an employer or employers' organisation(s). The outcome is a collective agreement that defines terms of employment - typically wages, working hours and in-work benefits. The agreement affords labour protection: minimum wages, regular earnings; limits on working hours and predictable work schedules; safe working environments; parental leave and sick leave; and a fair share in the benefits of increased productivity. The International Labour Organization (ILO) Collective Agreements Recommendation 1951 (No. 91) considers, where appropriate and having regard to national practice, that measures should be taken to extend the application of all or some provisions of a collective agreement to all employers and workers included wthin the domain of the agreement. The extension of a collective agreement generalises the terms and conditions of employment, agreed between organised firms and workers, represented through their association(s) and union(s), to the non-organised firms within a sector, occupation or territory. The collection of chapters in this volume are about the extension of collective agreements as an act of public policy.
Download or read book The Impact of Temporary Contracts on Jobs Firms and Workers written by Raffaele Saggio and published by . This book was released on 2018 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Concerns over labor market flexibility have been at the center of the European political debate for the past three decades. In response to the widespread belief that rigid employment protection laws (EPL) depress employment, many countries -- including France, Spain, and Italy -- undertook reforms that substantially relaxed legal constraints on the use of temporary employment contracts. Importantly, however, these reforms were often only partial in that the degree of employment protection granted to workers hired via permanent employment contracts remained unchanged, leading to a fundamentally dual labor market. Economic theory delivers ambiguous predictions on the effects of such partial reforms. A number of studies have noted that such policy changes could in principle generate higher overall employment and improved labor market efficiency or alternatively they could lead to a substitution of permanent contracts with rotating temporary contracts and little or no net gain in employment. In this dissertation, my coauthors Diego Daruich, Sabrina Di Addario and I use detailed Italian social security records matched with firm financial data and a difference-in-differences research design to provide a comprehensive empirical evaluation of an Italian partial reform signed into law in 2001. This reform facilitated the usage of temporary contracts, while maintaining existing employment protections for workers with permanent contracts. Longitudinal data on jobs, firms, and workers permit us to answer three fundamental questions on the impact of this policy change: (1) How did the reform affect overall employment and labor income? (2) What factors contributed to the success or failure of the law in raising employment and earnings? (3) Were there heterogeneous effects across different worker and firm groups? In Chapter 1 and 2, we show that, contrary to the stated intent of the law, the reform had little or no effect on aggregate employment, and led to a decline in average earnings. After the reform the Italian labor market became increasingly segmented: more workers were trapped in cycles of low-paid and fragile temporary jobs where the likelihood of transitioning from temporary to permanent jobs fell substantially. On the other hand, consistent with the intention of the law, average firm labor costs fell and mapped into significant increases in profits. The reform generated both winners and losers: its primary beneficiaries were firms, their shareholders and managers, as well as older incumbent workers. By contrast, the earnings of younger workers and new entrants were substantially depressed following the policy change and this widened the inter-cohort gaps in earnings among Italian workers. In Chapter 3, we abstract from the effect of the reform and focus on the economic forces behind the substantial gap in daily wages between permanent and temporary workers. Informed by the large underrepresentation of temporary contract workers within unions, we investigate the role of employers' pay policies and the lower bargaining power of temporary contract workers. Exploiting within-person daily wage changes for workers who transitioned from a temporary to a permanent contract within the same employer, we find that temporary workers received only 66\% of the rents traditionally shared by firms with workers employed under a permanent employment contract. This dissertation is structured as follows. In Chapter 1, we begin by explaining the Italian institutional background and the 2001 reform that facilitated the creation of temporary employment contracts by firms. We then present a theoretical model to guide our empirical analysis. Chapter 1 concludes by showing how the reform impacted the dynamics of job creation, duration and destruction using Italian social security data. In Chapter 2 we focus on the effects of the reform on the two fundamental actors operating in the labor market: firms and workers. A particular attention is devoted to analyze how the earnings profile of young workers have been affected, both in the short and in long run, by the introduction of the reform. Chapter 3 presents our rent sharing estimates that quantify to what extent temporary contract workers have lower bargaining power within the firm compared to permanent contract workers.
Download or read book Labour Market Efficiency in the European Union written by Thomas Kruppe and published by Routledge. This book was released on 1998-07-02 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study provides a country by country overview of the legal regulations concerning employment protection and fixed-term employment in the twelve Member States of the European Union.
Download or read book Employment Protection Legislation in Emerging Economies written by Amine, Samir and published by IGI Global. This book was released on 2018-02-23 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: New developments in legislation have increased the availability of employment. These advances result in long-term improvement of economic and sustainable development. Employment Protection Legislation in Emerging Economies is a critical scholarly resource that examines legislation relating to employment protection in developing economies and its impacts on unemployment, job creation, productivity, and the efficiency of the labor market. Featuring coverage on a broad range of topics, such as labor reform, job creation, and the social protection agenda, this book is geared towards academicians, practitioners, and researchers seeking current research on legislation relating to employment protection.
Download or read book Non Standard Employment in Post Industrial Labour Markets written by Werner Eichhorst and published by Edward Elgar Publishing. This book was released on 2015-02-27 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examining the occupational variation within non-standard employment, this book combines case studies and comparative writing to illustrate how and why alternative occupational employment patterns are formed. Through expert contributions, a framework is
