Download or read book The Protection of Working Relationships written by Frans Pennings and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related from a social policy point of view. In order to make a substantial contribution to the discussion on these developments a group of noted European labour law scholars has undertaken the research assembled in this book, recommending labour law reforms based on a close examination of existing conditions. The eight authors analyse measures and legal instruments offered by the European Union and the ILO to cover persons performing personal work, as well as specific developments in Belgium, France, The Netherlands, Poland, Germany, and the United Kingdom. In each case they describe viable ways in which categories of persons not treated as employees can be brought under the protection of labour law and how the distinction between employees and self-employed can become more clear. In a concluding final Chapter comparative conclusions are drawn on the basis of this study and recommendations are given to the EU, the ILO and the individual Member States. Among the specific issues covered are the following: * redefining the subordination criterion; * the role of the courts; * determination of the contract of employment; * forms of labour involving more than two contracting parties (e.g., employment agency arrangements); * the legal position of temporary workers; * 'employee-like' persons, e.g., home-workers or commercial representatives; * the 'bogus' self-employed; * introduction and effect of legal presumptions in labour law and/or social security; * developing uniform criteria for the employment relationship; * criteria for identifying self-employed but economically-dependent workers; * extension of protection of labour law to persons other than employees or the self-employed; and * social rights applicable to all work contracts irrespective of their formal qualification; * floor of core rights. This study seriously contributes toward overcoming the reluctant and piecemeal measures commonly taken to extend the protection of the employment contract. Although the authors acknowledge the continuing tension between labour law protection and the need for a flexible workforce, they also recognize the positive effects of best practices that lead to more certainty, fewer disputes, and clear (but still flexible if necessary) agreements. The book will be warmly welcomed as a signal contribution to addressing what one labour law scholar has called 'the most important industrial relations issue of our time.'

Download or read book The Changing Law of the Employment Relationship written by Nicola Countouris and published by Routledge. This book was released on 2016-04-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.

Download or read book Decent Work in the Digital Age written by Tamás Gyulavári and published by Bloomsbury Publishing. This book was released on 2022-10-20 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the legal and practical implications of the digital age for employment and industrial relations. To that end, the book analyses the problems arising from the digitalisation of work and the negative effects on working conditions in fields such as platform work, robotisation, discrimination, data protection, and freedom of speech. It also looks at how to ensure decent working conditions for workers affected by digitalisation, by investigating the minimum standards that should be ensured to mitigate negative effects – and how these could be best guaranteed by legislation and collective bargaining. The book presents a theoretical framework on the impact of automatisation, robotics, and digitalisation on the very basic principles of individual and collective labour law. The chapters provide an in-depth analysis of new patterns of work prompted by digitalisation, including: classification of platform workers; recognition of employment and social security rights; competition law aspects of platform work; remote (tele)work arrangements; algorithmic decision-making and remote surveillance; data protection and privacy; and social media in working environments. The book is an important reference for academics and researchers, social partners, and policy makers with an interest in labour law and industrial relations.

Download or read book International Human Rights Law written by Olivier De Schutter and published by Cambridge University Press. This book was released on 2019-09-12 with total page 1149 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fully updated to cover topics such as climate change, trade and business activities, while retaining the original style and structure.

Download or read book Doing Relationship Based Social Work written by Mary McColgan and published by Jessica Kingsley Publishers. This book was released on 2017-03-21 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: Relationships and communication are the foundation of good social work practice. This book offers a new model, drawn from research and practical experience, which describes how to carry out effective relationship-based social work. Doing Relationship-Based Social Work provides a refreshing and realistic approach to social work practice. The model itself is built around four stages: engagement, negotiation, enabling change and valuing endings. Underpinned by motivational interviewing techniques, strengths focused practice, emotional intelligence and empowerment, the approach is supported by case examples and explanations of the importance of relationships at each stage. Informative and practical, this book will be an invaluable text for undergraduate and postgraduate social work students as well as all social work and allied professionals committed to enabling positive change.

Download or read book A Casebook on Labour Law written by Ewan McGaughey and published by Bloomsbury Publishing. This book was released on 2018-11-29 with total page 997 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Casebook on Labour Law supports every university labour or employment law course in the UK, set within European Union and international law. It covers history and theory, contract and rights, participation, equality, and job security. It also has chapters on essential topics for modern labour policy: the right to vote for company boards, in work councils and pension funds, and laws to achieve full employment by ending underpaid underemployment. Each chapter summarises further reading from noteworthy books and journals, and follows a unified conceptual structure. This aims to transcend historic divisions between common law or statute, private or public, and national or international law. The book invites the reader to engage in the economic and social evidence about labour law's empirical consequences and political principles.

Download or read book Protection of Workers Personal Data written by International Labour Office and published by International Labour Organization. This book was released on 1997 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt: An ILO code of practice

Download or read book Commonwealth Caribbean Employment and Labour Law written by Natalie G.S. Corthésy and published by Routledge. This book was released on 2014-07-17 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition to the series will provide an up-to-date textbook covering a wide-range of employment and labour law issues which affect the Commonwealth Caribbean. Initially the book will embark on a comparative analysis of employment and labour law in Jamaica, Trinidad and Barbados, as a reference point for distinguishing the laws of other Commonwealth Caribbean jurisdictions. The book will continue to examine how the law operates within the legal systems of the Caribbean, taking into account the umbilical link to British jurisprudence and the persuasive precedent of other Commonwealth jurisdictions, and the impact this has had on the growth and development of the area. Commonwealth Caribbean Employment and Labour Law will be essential reading for students enrolled on Employment Law, Discrimination and Dismissal Law courses in the Caribbean.

Download or read book The Protection of Trade Secrets in China written by Shan Hailing and published by Kluwer Law International B.V.. This book was released on 2012-11-01 with total page 572 pages. Available in PDF, EPUB and Kindle. Book excerpt: For business investors in China, the legal handling of trade secrets is often crucial. However, initiatives are often complicated by a patchwork trade secrets protection system – pieced together haphazardly over the last two decades and drawing on disparate elements of competition law, contract law, employment law, and criminal law – that diverges in significant ways from global standards and corresponding regimes in other countries. Now at last interested parties can benefit richly from a thorough and practical approach to the subject. This detailed analysis of China’s trade secrets law provides in-depth information and guidance on such important factors as the following: the current framework of China’s trade secrets law, its past development and its ongoing trends; legal comparison of China’s trade secrets law with various international, regional, and national schemes; what constitutes trade secrets infringement in China and what remedies are available; and the legal interaction in China between employment relations and trade secrets protection. The author pays close attention to judicial practice and precedent in the areas of civil remedies, criminal punishment, and administrative penalties. She also offers insightful proposals formulated to align China’s trade secrets law more efficiently with prevailing global standards and generally improve the mechanisms for its implementation. Corporate counsel and international lawyers concerned with intellectual property rights or labour law in China will greatly appreciate the knowledgeable guidance this book affords. They will gain a deeply informed perspective that allows them to avoid infringement, to battle it effectively if occasion arises, and to plan dispute resolution strategies for contingencies involving trade secrets protection in China.

Download or read book Religious Freedom Religious Discrimination and the Workplace written by Lucy Vickers and published by Bloomsbury Publishing. This book was released on 2016-11-03 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the extent to which religious interests are protected at work, with particular reference to the protection against religious discrimination provided by the Equality Act 2010. It establishes a principled basis for determining the proper scope of religious freedom at work, and considers the interaction of freedom of religion with the right not to be discriminated against on grounds of religion and belief. The book locates the debates surrounding religion and belief equality within a philosophical and theoretical framework in which the importance of freedom of religion and its role within the workplace are fully debated. This second edition is fully revised and updated in the light of recent case law from the UK and the European Court of Human Rights, which deals with religious discrimination and freedom of religion.

Download or read book The European Convention on Human Rights and the Employment Relation written by Filip Dorssemont and published by Bloomsbury Publishing. This book was released on 2013-11-25 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

Download or read book The Legal Construction of Personal Work Relations written by Mark Freedland FBA and published by OUP Oxford. This book was released on 2011-12-15 with total page 501 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.

Download or read book New Forms of Employment in Europe written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2016-11-30 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'full-time job' is no longer an option for many people seeking employment. It has been replaced by an ever-expanding plethora of 'atypical' employment relationships designed by employers to streamline their operations and/or take advantage of information communications technology. Numerous labour law issues arise, demanding urgent attention. How should law and policy best address these challenges? This incomparable and timely book explores this contentious topic in depth, presenting ten penetrating essays on aspects of the topic by leading European authorities followed by reports on new forms of employment in thirty-five European countries Full-scale analysis of new forms of employment, their characteristics, and their effects on working conditions and the labour market includes such issues as the following: - employment relationships with more than one employer; - discontinuous and/or intermittent work; - work based on networking arrangements; - labour pooling; - crowdworking and crowsourcing; - lack of worker representation; - rights for vulnerable migrant workers; - removal of wage and hours threshold; - false self-employment; - non-payment of 'small' amounts (e.g., holiday pay); - portage salarial; - voucher-based work; - ICT-based mobile work; - organizations offering specific administrative services; - need for safety nets for workers; and - existing and potential monitoring and control mechanisms. Relevant EU Directives and national legal frameworks regarding new forms of employment are fully discussed, with an emphasis on recent trends and proposed solutions. This volume raises awareness of the problems generated by new emerging forms of employment and provides some answers and insights, including lessons to be learned from current developments. In particular, the authors' bringing to light of issues that have not been sufficiently addressed so far under European law will be welcomed by labour law practitioners, company legal counsel, human resources professionals, and academics in the field.

Download or read book Managing the Margins written by Leah F. Vosko and published by OUP Oxford. This book was released on 2011-03-03 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the precarious margins of contemporary labour markets. Over the last few decades, there has been much discussion of a shift from full-time permanent jobs to higher levels of part-time and temporary employment and self-employment. Despite such attention, regulatory approaches have not adapted accordingly. Instead, in the absence of genuine alternatives, old regulatory models are applied to new labour market realities, leaving the most precarious forms of employment intact. The book places this disjuncture in historical context and focuses on its implications for workers most likely to be at the margins, particularly women and migrants, using illustrations from Australia, the United States, and Canada, as well as member states of the European Union. Managing the Margins provides a rigorous analysis of national and international regulatory approaches, drawing on original and extensive qualitative and quantitative material. It innovates by analyzing the historical and contemporary interplay of employment norms, gender relations, and citizenship boundaries.

Download or read book Turkey written by Bernard M. Hoekman and published by World Bank Publications. This book was released on 2005-06-20 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: What requirements must Turkey the largest country among the candidate and accession countries meet to join the European Union? What progress has been made toward meeting them? This timely volume analyzes the economic challenges confronting Turkey in its quest to accede to the European Union (EU). It focuses on the extent to which Turkey is ready to join the Single Market, comply with the EU's body of economic regulations and directives, the 'Acquis Communautaire', and meet the Maastricht criteria for fiscal, monetary, and exchange rate policies. This book also provides an assessment of Turkey's national program to meet the accession requirements. It describes briefly what Turkey needs to achieve on the economic policy front to satisfy the conditions for accession, the progress to date, and the likely consequences of implementing the full body of EU requirements. The book is divided into four parts: An analysis of the macroeconomic policies for EU accession An analysis of the effects of integration on key sectors: agriculture; manufacturing; services industries, including banking, telecommunications, transportation, and natural gas; and network industries An exploration of key economic policy challenges, including labor market regulation, foreign direct investment challenges, and the costs and benefits of meeting the EU environmental 'Acquis' The quantification of the impact of EU accession and consideration of the welfare effects of integration While the focus is on the specific situation of Turkey, the subject will be of value to all researchers with an interest in the challenges of deeper integration through regional agreements.

Download or read book Working Ethically in Child Protection written by Bob Lonne and published by Routledge. This book was released on 2015-08-20 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their day-to-day practice, social work and human services practitioners frequently find themselves in confusing ethical quandaries, trying to balance the numerous competing interests of protecting children from harm and promoting family and community capacity. This book explores the ethical issues surrounding child protection interventions and offers a process-oriented approach to ethical practice and decision making in child protection and family welfare practice. Its aim is to prepare students and early-career professionals for roles in the complex and challenging work of child protection and family support. Beginning with a critical analysis and appreciation of the diverse organisational and cultural contexts of contemporary child protection and ethical decision-making frameworks, the authors outline a practical ‘real-world’ model for reshaping frontline ethical practice. Moving away from a focus on the child apart from the family, the authors recognise that child safeguarding affects the lives, not just of children, but also of parents, grandparents and communities. Working Ethically in Child Protection eschews dominant rational-technical models for relational ones that are value centred and focus on family well-being as a whole. Rather than a single focus on assessing risk and diagnosing deficit, this book recognises that our child protection systems bear down disproportionately on those from disadvantaged and marginalised communities and argues that what is needed is real support and practical assistance for poor and vulnerable parents and children. It uses real-world case examples to illustrate the relevant ethical and practice principles, and ways in which students and practitioners can practise ethically when dealing with complex, multi-faceted issues.

Download or read book General Data Protection Regulation GDPR written by Robert Kazemi and published by tredition. This book was released on 2018-07-20 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The General Data Protection Regulation (GDPR) had already passed the EU Parliament in 2016 without any rejections or amendments. Since May 25, 2018, therefore, a new, uniform data protection law has been officially adopted in. The new regulation constitutes an effective instrument that will rapidly increase the need for consultation - both for medium-sized companies and large corporations. Benefit from this development as soon as possible by obtaining the work on the EU General Data Protection Regulation by Dr. Robert Kazemi to gain long-term competitive advantage for your business. This work offers you a condensed version of the new legal situation - including a comparison of the old and new legislation. You will receive comprehensive and immediately usable information on all content of the new law.