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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: Larry G. Gerber
Publisher:
ISBN: 9780875803470
Category : Political Science
Languages : en
Pages : 212
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Book Description
Embracing individualism and antistatism, the United States traditionally has favored a limited role for government. Yet state intervention both against and on behalf of labor has a long history, culminating in the labor law reforms of the New Deal. How do we account for this irony? And how do we explain why, between World War I and the Great Depression, another leading industrial nation with similar ideological commitments, Great Britain, developed a different model? By comparing the United States and Britain, Larry G. Gerber makes clear that, in the development of industrial relations policies, ideology was secondary to economic realities--the structure of business, the market system, and the configuration of unions. Nonetheless, industrial policy developed within the broader context of the transition from the individualistic laissez-faire capitalism of the nineteenth century to a collectivist political economy in which the state and organized groups played increasingly important roles while pluralist and corporatist models contended for influence. In Britain, where most business enterprises remained comparatively small, collective bargaining between workers and management became the norm. In the United States, however, large-scale corporations quickly rose to dominance. Eager to retain control of the production process, corporate elites resisted negotiating with workers and occasionally called upon the state to resolve labor crises. American workers, who initially opposed state involvement, eventually turned to the state for assistance as well. The New Deal administration responded with a series of new labor policies designed to balance the interests of employers and employees alike. Since state intervention did nothing to permanently change employers' hostility toward unions, the New Deal legislation was short-lived. Gerber's broad study of this momentous period in labor history helps explain the conundrum of a nation with a typically limited government whose intense intervention in labor relations caused long-lasting effects.
Author: United States. National Labor Relations Board. Office of the General Counsel
Publisher: U.S. Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 68
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Book Description
Author: Tamás Gyulavári
Publisher: Kluwer Law International B.V.
ISBN: 9403502045
Category : Law
Languages : en
Pages : 634
Get Book Here
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: Sheldon Friedman
Publisher: Cornell University Press
ISBN: 150172424X
Category : Law
Languages : en
Pages : 381
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Book Description
The product of an October 1993 conference on labor law reform jointly sponsored by the School of Industrial and Labor Relations at Cornell U. and the Department of Economic Research at the AFL-CIO, this volume both argues the need for fundamental reform of the legal and institutional underpinnings o
Author: Karl Koch
Publisher: Edward Elgar Publishing
ISBN: 1788973224
Category : Business & Economics
Languages : en
Pages : 225
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Book Description
Employee relations in national contexts are significantly influenced not only by material forces but also by cultural and linguistic factors that are often highly nationally specific. In this innovative book, culture and language are analysed in terms of how they affect employee relations internationally, demonstrating the importance of recognising and understanding these elements in the face of increasing globalisation.
Author: Bernd Waas
Publisher:
ISBN: 9789041150073
Category : Right to strike
Languages : en
Pages : 0
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Book Description
The present volume is an outcome of the proceedings of the World Congress of the International Society for Labour and Social Security Law which took place in Santiago, Chile, in September 2012. The country reports submitted at that time have been modified and updated, and more country reports have been added. Each chapter covers the following specific topics: legal definitions; the legal basis of the right to strike; the right to call a strike; the right to participate in a strike; lawful strikes according to their purpose; procedural requirements; peace obligations; other limitations to strikes; the public sector and 'essential services'; specific emanations of strikes and other forms of industrial action; legal consequences of lawful strikes; legal consequences of unlawful strikes; dispute resolution; support of strikers; parity of parties and neutrality of the state; and strikes in practice.
Author: Valeria Pulignano
Publisher: Kluwer Law International B.V.
ISBN: 9403518200
Category : Law
Languages : en
Pages : 304
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Book Description
It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.
Author: Anita Chan
Publisher: Cornell University Press
ISBN: 0801455855
Category : Political Science
Languages : en
Pages : 293
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Book Description
As the "world’s factory" China exerts an enormous pressure on workers around the world. Many nations have had to adjust to a new global political and economic reality, and so has China. Its workers and its official trade union federation have had to contend with rapid changes in industrial relations. Anita Chan argues that Chinese labor is too often viewed from a prism of exceptionalism and too rarely examined comparatively, even though valuable insights can be derived by analyzing China’s workforce and labor relations side by side with the systems of other nations. The contributors to Chinese Workers in Comparative Perspective compare labor issues in China with those in the United States, Australia, Japan, India, Pakistan, Germany, Russia, Vietnam, and Taiwan. They also draw contrasts among different types of workplaces within China. The chapters address labor regimes and standards, describe efforts to reshape industrial relations to improve the circumstances of workers, and compare historical and structural developments in China and other industrial relations systems.
Author: David Weil
Publisher: Harvard University Press
ISBN: 067472612X
Category : Business & Economics
Languages : en
Pages : 421
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Book Description
In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.
Author: Teri L. Caraway
Publisher: Cornell University Press
ISBN: 0801455472
Category : Political Science
Languages : en
Pages : 297
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Book Description
Democratization in the developing and postcommunist world has yielded limited gains for labor. Explanations for this phenomenon have focused on the effect of economic crisis and globalization on the capacities of unions to become influential political actors and to secure policies that benefit their members. In contrast, the contributors to Working through the Past highlight the critical role that authoritarian legacies play in shaping labor politics in new democracies, providing the first cross-regional analysis of the impact of authoritarianism on labor, focusing on East and Southeast Asia, Eastern Europe, and Latin America. Legacies from the predemocratic era shape labor’s present in ways that both limit and enhance organized labor’s power in new democracies. Assessing the comparative impact on a variety of outcomes relevant to labor in widely divergent settings, this volume argues that political legacies provide new insights into why labor movements in some countries have confronted the challenges of neoliberal globalization better than others.
