Author: Thomas Murrhardt
Publisher: BoD – Books on Demand
ISBN: 368904782X
Category : Law
Languages : en
Pages : 194
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Book Description
The book ‘Labour Law Differences between Germany and Spain’ offers a comprehensive analysis of the labour law regulations in both countries in comparison. It takes an in-depth look at the main differences in all relevant areas, such as employment contracts, protection against dismissal, working hours and collective agreements, and also addresses the specific characteristics and challenges arising from the different national legal systems. In Germany, the labour market is highly regulated, with a particular focus on comprehensive protection against dismissal and strict regulations on working hours. In contrast, Spanish labour law is more flexible, particularly with regard to fixed-term employment contracts and the implementation of dismissals. This flexibility offers employers more room for manoeuvre, but often comes at the expense of job security for employees. The book also examines the social security systems in Germany and Spain and analyses their influence on the structure of labour relations. It becomes clear that German legislation is strongly orientated towards the protection of employee rights, while the Spanish system tends to focus more on economic flexibility. This work is therefore an indispensable reference work for anyone who needs an in-depth and lasting understanding of the differences in labour law between Germany and Spain. It contributes significantly to a better understanding of the complexities of the international labour law landscape and how to respond effectively.
Author: Tamás Gyulavári
Publisher: Kluwer Law International B.V.
ISBN: 9403502045
Category : Law
Languages : en
Pages : 634
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Book Description
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.
Author: Czech Republic
Publisher:
ISBN:
Category : Labor laws and legislation
Languages : en
Pages : 340
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Book Description
Author: U. Muehlberger
Publisher: Springer
ISBN: 0230288782
Category : Business & Economics
Languages : en
Pages : 229
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Book Description
This book investigates work relationships on the border between employment and self-employment. Bringing together economic, sociological and legal research approaches, it analyses why firms deploy dependent self-employed workers, why individuals supply this form of work and by which informal and formal mechanism dependency is created.
Author: Silvana Sciarra
Publisher: Hart Publishing
ISBN: 1841130249
Category : Law
Languages : en
Pages : 364
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Book Description
This book deals with six EU Member States analysing two areas of substantive law: transfer of undertakings and equality legislation.
Author: Brian Bercusson
Publisher: Cambridge University Press
ISBN: 1139479946
Category : Law
Languages : en
Pages : 765
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Book Description
European Labour Law explores how individual European national legal systems, in symbiosis with the European Union, produce a transnational labour law system that is distinct and genuinely European in character. Professor Brian Bercusson describes the evolution of this system, its national, transnational and global contexts and its institutional and substantive structures. The collective industrial-relations dimension of employment is examined, and the labour law of the EU as manifested in, for example, European works councils is analysed. Important subjects which have traditionally received little attention in some European labour law systems are covered, for example, the fragmentation of the workforce into atypical forms of employment. Attention is also given to the enforcement of European labour law through administrative or judicial mechanisms and the European social dialogue at intersectoral and sectoral levels. This new edition has been extensively updated, as the EU's influence on this area of social policy continues to grow.
Author: Mark Freedland FBA
Publisher: OUP Oxford
ISBN: 0191622117
Category : Law
Languages : en
Pages : 501
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Book Description
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.
Author: Walter Müller
Publisher: Oxford University Press, USA
ISBN: 0199252475
Category : Business & Economics
Languages : en
Pages : 348
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Book Description
This text provides a comparative analysis of school-to-work transitions in EU member states. It shows how differences in both European education and training systems, as well as labour market institutions, generated significant variation in the experiences of young people in the 1990s.
Author: Elena Sychenko
Publisher: Kluwer Law International B.V.
ISBN: 9041186468
Category : Law
Languages : en
Pages : 293
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Book Description
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.
Author: Jean-Michel Servais
Publisher: Kluwer Law International B.V.
ISBN: 9403521635
Category : Law
Languages : en
Pages : 407
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Book Description
No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) the relationship between international labour law and economic competition standards on industrial relations collective bargaining and dispute settlement procedures protection of trade unions prohibitions on enforced and child labour promotion of equal opportunity and treatment time and rest provisions wage determination and protection occupational health and safety provisions special issues on non-standard forms of employment foreign and migrant workers social security provisions privacy protection The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book’s combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This sixth edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.
