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Author: Roger Blanpain
Publisher: Kluwer Law International
ISBN: 9789041149831
Category : Endüstriyel ilişkiler
Languages : en
Pages : 0
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Book Description
The Current Issues that Challenge the Future of Labour Unionism in Turkey / Umut Omay 225 A. Formation of a Working Class with Lack of Class Consciousness and Changing Work Demographics / Umut Omay 226 B.A Relatively Young Working Class, and Immature Tradition of Unionism / Umut Omay 229 C. Inappropriate Economical and Political Conditions, and Changing Work Environment / Umut Omay 231 10.08. Conclusion: Is there a Future for Turkish Labour Unionism? / Umut Omay 233 Part V Workplace Issues / Umut Omay 239 ch. 11 Female Employment in Turkey / Umut Omay 241 11.01. Introduction / Senem Çakmak-Sahin 241 11.02. Female Employment in Turkey from the Founding of the Republic to the 1960's / Senem Çakmak-Sahin 242 11.03. Female Employment in the Periods of Import-Substituting Industrialization and Export-Led Industrialization / Senem Çakmak-Sahin 245 11.04. Female Employment in the Early 2000's / Senem Çakmak-Sahin 251 11.05. Policies to Increase Women Employment / Senem Çakmak-Sahin 255 11.06. Conclusion / Senem Çakmak-Sahin 259 ch. 12 Discrimination against Women's Employment: An Overview from Turkey / Senem Çakmak-Sahin 263 12.01. Introduction / Gaye Özçelik 263 12.02. The Concept of Discrimination and Discrimination by Gender / Gaye Özçelik 264 12.03. Turkish Economy and Labour Market / Gaye Özçelik 265 A. Legislative Framework Regulating Gender Policy in Turkey / Gaye Özçelik 268 12.04. The Composition of Women's Employment in Turkey / Gaye Özçelik 270 12.05. Discriminatory Practices against Women at Work / Gaye Özçelik 273 A. Discrimination in Recruitment and Selection / Gaye Özçelik 273 B. Discrimination in Promotional Advancement / Gaye Özçelik 274 C. Discrimination in Remuneration / Gaye Özçelik 276 12.06. Conclusion / Gaye Özçelik 279 ch. 13 Dealing with Destructive Workplace Behaviour: An Overview of Mobbing in Turkish Organizations / Gaye Özçelik 285 13.01. Introduction / Ahmet Hakan Yüksel 285 13.02. Mobbing: Defining the Plague / Ahmet Hakan Yüksel 287 13.03. Antecedents of Mobbing / Ahmet Hakan Yüksel 291 13.04. Consequences of Mobbing / Ahmet Hakan Yüksel 299 13.05. Overview of the Matter and Relevant Legal Infrastructure in Turkey / Ahmet Hakan Yüksel 301 13.06. Conclusion / Ahmet Hakan Yüksel 304.
Author: Roger Blanpain
Publisher: Kluwer Law International
ISBN: 9789041149831
Category : Endüstriyel ilişkiler
Languages : en
Pages : 0
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Book Description
The Current Issues that Challenge the Future of Labour Unionism in Turkey / Umut Omay 225 A. Formation of a Working Class with Lack of Class Consciousness and Changing Work Demographics / Umut Omay 226 B.A Relatively Young Working Class, and Immature Tradition of Unionism / Umut Omay 229 C. Inappropriate Economical and Political Conditions, and Changing Work Environment / Umut Omay 231 10.08. Conclusion: Is there a Future for Turkish Labour Unionism? / Umut Omay 233 Part V Workplace Issues / Umut Omay 239 ch. 11 Female Employment in Turkey / Umut Omay 241 11.01. Introduction / Senem Çakmak-Sahin 241 11.02. Female Employment in Turkey from the Founding of the Republic to the 1960's / Senem Çakmak-Sahin 242 11.03. Female Employment in the Periods of Import-Substituting Industrialization and Export-Led Industrialization / Senem Çakmak-Sahin 245 11.04. Female Employment in the Early 2000's / Senem Çakmak-Sahin 251 11.05. Policies to Increase Women Employment / Senem Çakmak-Sahin 255 11.06. Conclusion / Senem Çakmak-Sahin 259 ch. 12 Discrimination against Women's Employment: An Overview from Turkey / Senem Çakmak-Sahin 263 12.01. Introduction / Gaye Özçelik 263 12.02. The Concept of Discrimination and Discrimination by Gender / Gaye Özçelik 264 12.03. Turkish Economy and Labour Market / Gaye Özçelik 265 A. Legislative Framework Regulating Gender Policy in Turkey / Gaye Özçelik 268 12.04. The Composition of Women's Employment in Turkey / Gaye Özçelik 270 12.05. Discriminatory Practices against Women at Work / Gaye Özçelik 273 A. Discrimination in Recruitment and Selection / Gaye Özçelik 273 B. Discrimination in Promotional Advancement / Gaye Özçelik 274 C. Discrimination in Remuneration / Gaye Özçelik 276 12.06. Conclusion / Gaye Özçelik 279 ch. 13 Dealing with Destructive Workplace Behaviour: An Overview of Mobbing in Turkish Organizations / Gaye Özçelik 285 13.01. Introduction / Ahmet Hakan Yüksel 285 13.02. Mobbing: Defining the Plague / Ahmet Hakan Yüksel 287 13.03. Antecedents of Mobbing / Ahmet Hakan Yüksel 291 13.04. Consequences of Mobbing / Ahmet Hakan Yüksel 299 13.05. Overview of the Matter and Relevant Legal Infrastructure in Turkey / Ahmet Hakan Yüksel 301 13.06. Conclusion / Ahmet Hakan Yüksel 304.
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
ISBN: 904112490X
Category : Law
Languages : en
Pages : 218
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Book Description
The creation of dynamic and flexible labour markets increasing flexibility by removing existing rigidities is widely seen as contributing to economic growth. Expectations from flexibility centre on the creation of employment and thus reducing unemployment, increasing the adaptability of enterprises, social inclusion of marginal groups on the labour market (particularly women and young first entrants), and combating undeclared work. Since the acquis communautaire includes instruments on flexible work, Turkey, while preparing itself for accession to the EU, has to take measures to increase flexibility. Moreover, flexibilisation contributes to modernisation of the Turkish labour market, as it has to increase the participation of women in work and it has to reduce the huge informal labour market. The studies and proposals underlying this book were initiated within the framework of the Matra Pre-accession Projects Programme of the Netherlands Ministry of Foreign Affairs. So many valuable information came to light in the course of the project that this revised and updated version of the reports is now presented to a wider audience. Its keen insights, applicable both in general and specifically to Turkey, shed light on such vital employment issues as the following: A general introduction to key actors in the Turkish labour market; models of linking security with flexibility; relation between the formal and informal labour markets; industrial relations and collective bargaining; reciprocal rights and duties of worker and employer; the application of existing labour legislation; protection of flexible workers in social security. In their analysis of the Turkish case the authors explore the role of the Ministry of Labour and Social Security and its affiliated institutions: the Social Security Institution (Sosyal G?venlik Kurumu) and Is-Kur (which has evolved from the former Public Employment Services Organisation BK); the consistency of the flexibliity clauses of the new Turkish Labour Act with the acquis; and Turkish solutions as compared with those of EU Member States. Although it focuses on Turkey and will be of particular interest to practitioners and scholars concerned with EU and Turkish law, the factual and descriptive analysis of labour flexibilisation that the study provides complete with various detailed models of flexibilisation will be of great value in assessing the state of employment law in any country experiencing the economic pressure of the current transitional period in worklife realities.
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
ISBN: 9041162410
Category : Law
Languages : en
Pages : 418
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Book Description
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.
Author: Giuseppe Casale
Publisher: Kluwer Law International B.V.
ISBN: 9403508949
Category : Law
Languages : en
Pages : 386
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Book Description
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.
Author: Efe Can Gürcan
Publisher: Springer
ISBN: 331948284X
Category : Social Science
Languages : en
Pages : 164
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Book Description
This book provides a political, economic, and sociological investigation of how neoliberalism shapes ‘working class capacities,’ or the power of the working class to organize and struggle for its collective interests. Efe Can Gürcan and Berk Mete discuss the global importance of the labor question as it pertains to Turkey. They apply the main theoretical framework of the combined and uneven development of class capacities to Turkish trade unionism. They also address Turkey’s recent history of neoliberalization and its repercussions for class capacities, as mediated by national regulations, conservative unionism, and Islamic social assistance networks. Finally, the authors explore how neoliberalism generates intra-class fragmentation through public regulatory mechanisms and cultural differentiation in the sphere of social unionism.
Author: Luca Ratti
Publisher: Kluwer Law International B.V.
ISBN: 9403549971
Category : Law
Languages : en
Pages : 343
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Book Description
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.
Author: Heather Kurzbauer
Publisher: Kluwer Law International B.V.
ISBN: 9403527471
Category : Law
Languages : en
Pages : 392
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Book Description
The state subsidies and philanthropy that traditionally allowed orchestras to flourish have greatly diminished in the wake of recent financial crises and the COVID-19 pandemic. As in other fields affected by the precarious labor arrangements prevalent in the world of work today, it is the employees and freelancers—in this case, the musicians themselves—who suffer most. In this deeply knowledgeable and provocative book, a highly acclaimed scholar who combines the roles of law professor, music journalist, and orchestral violinist presents the first major legal study to focus on labor relations and the institutional dynamics at play within orchestras. Drawing on personal interviews with more than 250 orchestral musicians and other stakeholders—whose testimonies and actions often stand in contradiction to narratives provided by cultural economists and government cultural policymakers—the author uncovers the deteriorating welfare of musicians in two countries, the United States and the Netherlands, in which she has considerable practical orchestral experience. The methodology will reverberate with great intensity to musicians worldwide with its novel system of “movements” that focus on different vulnerabilities besetting orchestral players to highlight such issues and topics as: orchestra financing, with a special focus on the nonprofit sector and the changing nature of state subsidies in Europe; the impact of the perception of orchestras as “elitist” and of limited social value; discriminatory practices in auditions and hiring; legal and practical relevance of contemporary questions of employee categorization (regularly employed; self-employed; false self-employed); and how fair practice codes and collective bargaining agreements can be designed, implemented, and enforced. An interdisciplinary approach to a multiplicity of vulnerabilities in the sector, the study incorporates economic, historical and legal research along with a consideration of sociological factors. Case studies—from the EU Court of Justice, the Dutch Supreme Court, the Supreme Court of the United States, and the U.S. National Labor Relations Board—offer practical insight into specific legal issues, including the fundamental question of how musician employees are differentiated from freelancers. Reflecting on the cutbacks and compromises that traumatize orchestral negotiations in today’s musical world, the book not only provides orchestral musicians with a wealth of useful information and suggestions for future action but also adds to the growing body of legal literature on the self-limitations of labor law and the increasing vulnerability of workers. Practitioners in labor and employment law as well as academics in the field will benefit from a powerful analysis of workers’ vulnerabilities in today’s labor market.
Author: Silvia Rainone
Publisher: Kluwer Law International B.V.
ISBN: 9403530065
Category : Law
Languages : en
Pages : 371
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Book Description
In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.
Author: Matthew W. Finkin
Publisher: Kluwer Law International B.V.
ISBN: 9403506555
Category : Law
Languages : en
Pages : 160
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Book Description
In the United States and worldwide, the “labor question” has recrudesced. Old issues have resurged, sometimes in altered guise. New issues have emerged. Both test the twentieth century's solutions. This work explores the arc of labor law in the United States up to the changes that have reordered business and employment at the century's turn – the resurgence of old issues in new dress and the emergence of new issues, of which the deployment of technologies – roboticization and computerization – has been the catalyst. It closes on the issues labor law is facing in the twenty-¬first century, including the imponderable of yet a new need to address the de¬finition of citizenship. The author's thorough coverage of the relevant terrain draws on social and legal history, and also on the current wealth of economic studies across the range of such pressing issues as the following: – wages; – precarity of work; – employee representation; – health and safety; – job discrimination; – employee mobility; – privacy; – job displacement; – anti-retaliation; – wrongful dismissal; – accelerating use of automation, robotization, and computerization; – segmentation and polarization of the labor market; – ¬ ssurization of jobs; – labor segmentation and polarization; – union implosion; and – privatization of law. At a critical moment when the various strands of all these issues are becoming intertwined, this hugely informative book elucidates how labor law stands today in the United States, and by extension in many other countries. This book provides a necessary background for comparative engagement with economic change. Because the developments it deals with are global, this is critical reading for policy makers, academics, students, and an enlightened public to put what is happening in larger historical context as seen from the paradigm neoliberal economy and its legal institutions.
Author: Frank Hendrickx
Publisher: Kluwer Law International B.V.
ISBN: 9041199543
Category : Law
Languages : en
Pages : 274
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Book Description
The renowned international labour law scholars contributing to this incomparable volume use the term ‘game changers’ to refer to evolutions, concepts, ideas and challenges that are having, or have had, major impacts on how we must understand and approach labour law in today’s global economy. The volume derives from an international conference organized by the Institute for Labour Law at the University of Leuven, Belgium in November 2017. This initiative is pursued in the spirit and with the methods of the late Emeritus Professor Roger Blanpain (1932–2016), a great reformer who continuously searched for key challenges in the world of work and looked as far as possible into the future, engaging in critical reflection and rethinking the design of labour law. While seeking to identify the main game changers, the authors explore new pathways and answers which may help to understand and shape the future of work. This is the 100th of Kluwer’s Bulletin of Comparative Labour Relations, a series Professor Blanpain launched nearly fifty years ago. The contributors address, and reflect on, such vital issues and topics as the following: – the ‘gig’ economy; – core labour law values; – freedom of association; – non-standard employment; – the rise of the service sector; – employment and self-employment; – the European Pillar of Social Rights; – app-based work; – algorithms as controls in the workplace; – collective bargaining rights and the right to strike; – the role of temporary employment agencies; and – termination of the employment relationship. There are also chapters devoted to specific issues in France, Italy, the United Kingdom, Estonia, China and the United States. Roger Blanpain consistently reminded us that labour relations are power relations. Although this book shows that the power balance is tipped towards employers in today’s world, what is nevertheless very clear is that labour law can play a crucial role in re-enlivening equitable outcomes, fairness, decent work and social justice in our contemporary and future societies, and that academia can help to understand, guide and shape that future. For this reason, this book will be invaluable to professionals in labour relations, whether in the academic, policy or legal communities.
