Author: Emilio Morgado-Valenzuela
Publisher: Kluwer Law International B.V.
ISBN: 9403521627
Category : Law
Languages : en
Pages : 428
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Chile not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Chile, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
Labour Law in Chile
Author: Emilio Morgado-Valenzuela
Publisher: Kluwer Law International B.V.
ISBN: 9403521627
Category : Law
Languages : en
Pages : 428
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Chile not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Chile, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
Publisher: Kluwer Law International B.V.
ISBN: 9403521627
Category : Law
Languages : en
Pages : 428
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Chile not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Chile, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
Labour Law and Economic Policy
Author: Adrián Todolí-Signes
Publisher: Bloomsbury Publishing
ISBN: 1509973907
Category : Law
Languages : en
Pages : 203
Book Description
This book studies labour institutions from an economic perspective to justify their existence and the advantages that they bring to innovation, efficiency, productivity, and economic growth. The philosophical foundations of labour law rely on the protection of the weaker party of the employment contract. However, after 40 years of political neoliberalism, these justifications seem insufficient for achieving progress in the area of labour and employment rights. This book changes the narrative of why we need labour standards. It begins with a study of the reasons that gave rise to labour law in the context of the Industrial Revolution and its evolution, and moves on to analyse the current context dominated by globalisation and economic digitisation. It then proceeds to study the main justifications for intervention in the labour market in the current business-economic context on a global scale: economic growth; pre-distribution of wealth; a meritocratic allocation of working conditions and equality among workers. Using case studies and examples from across the EU, the UK, and the US, the book shows how the deregulation of labour markets harms innovation and the economy, especially when considering the challenges of platform work, algorithms, and AI. It demonstrates that labour standards such as the minimum wage, sectoral collective bargaining and collective rights, protection against dismissal and discrimination, occupational risk prevention, and social security are necessary for the economy to function properly.
Publisher: Bloomsbury Publishing
ISBN: 1509973907
Category : Law
Languages : en
Pages : 203
Book Description
This book studies labour institutions from an economic perspective to justify their existence and the advantages that they bring to innovation, efficiency, productivity, and economic growth. The philosophical foundations of labour law rely on the protection of the weaker party of the employment contract. However, after 40 years of political neoliberalism, these justifications seem insufficient for achieving progress in the area of labour and employment rights. This book changes the narrative of why we need labour standards. It begins with a study of the reasons that gave rise to labour law in the context of the Industrial Revolution and its evolution, and moves on to analyse the current context dominated by globalisation and economic digitisation. It then proceeds to study the main justifications for intervention in the labour market in the current business-economic context on a global scale: economic growth; pre-distribution of wealth; a meritocratic allocation of working conditions and equality among workers. Using case studies and examples from across the EU, the UK, and the US, the book shows how the deregulation of labour markets harms innovation and the economy, especially when considering the challenges of platform work, algorithms, and AI. It demonstrates that labour standards such as the minimum wage, sectoral collective bargaining and collective rights, protection against dismissal and discrimination, occupational risk prevention, and social security are necessary for the economy to function properly.
Labour Law Chile
Author: Emilio Morgado-Valenzuela
Publisher: Kluwer Law International B.V.
ISBN: 9403548142
Category : Law
Languages : en
Pages : 480
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Chile not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Chile, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
Publisher: Kluwer Law International B.V.
ISBN: 9403548142
Category : Law
Languages : en
Pages : 480
Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Chile not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Chile, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
Collective Bargaining Developments in Times of Crisis
Author: Sylvaine Laulom
Publisher: Kluwer Law International B.V.
ISBN: 9041190279
Category : Law
Languages : en
Pages : 312
Book Description
In many EU Member States, the various economic crises of recent years provided grounds for a rarely equalled level of state intervention in the regulation of labour relations with an explicit aim: the decentralisation of collective bargaining. An extensive body of research – summed up and analysed expertly in the chapters of this very important book – reveals that the process of decentralisation has more often than not led to a situation where salaries and labour conditions are ever more frequently determined by direct negotiations between employer and employees, with the State becoming the sole guarantor of employee protection even as it encourages decreasing labour costs to ensure that companies remain competitive. The comparative approach offered in this book adds to this synthesis by providing examples of speci c recent developments in fourteen Member States and Turkey. Among the numerous topics and issues that arise are the following: – ‘opt-out’ clauses that derogate unfavourably from sectoral agreement standards; – extension of the employer’s unilateral decision-making power; – ‘memoranda of understanding’ imposed by the ‘troika’ (EU, ECB, and IMF); and – ‘stand-by arrangements’ imposed by the IMF. However, notwithstanding the strong emphasis on changing the structure of collective agreements by shifting the centre of gravity closer to the company, research nds promise in the reconstituted support for sector-level agreements increasingly found among very small businesses, networked businesses, and work via digital platforms. This is the rst book to take stock of the current state of collective bargaining in Europe. It is an essential study for labour and employment law practitioners, and an exemplary analysis of immeasurable value to policymakers and academics in the eld.
Publisher: Kluwer Law International B.V.
ISBN: 9041190279
Category : Law
Languages : en
Pages : 312
Book Description
In many EU Member States, the various economic crises of recent years provided grounds for a rarely equalled level of state intervention in the regulation of labour relations with an explicit aim: the decentralisation of collective bargaining. An extensive body of research – summed up and analysed expertly in the chapters of this very important book – reveals that the process of decentralisation has more often than not led to a situation where salaries and labour conditions are ever more frequently determined by direct negotiations between employer and employees, with the State becoming the sole guarantor of employee protection even as it encourages decreasing labour costs to ensure that companies remain competitive. The comparative approach offered in this book adds to this synthesis by providing examples of speci c recent developments in fourteen Member States and Turkey. Among the numerous topics and issues that arise are the following: – ‘opt-out’ clauses that derogate unfavourably from sectoral agreement standards; – extension of the employer’s unilateral decision-making power; – ‘memoranda of understanding’ imposed by the ‘troika’ (EU, ECB, and IMF); and – ‘stand-by arrangements’ imposed by the IMF. However, notwithstanding the strong emphasis on changing the structure of collective agreements by shifting the centre of gravity closer to the company, research nds promise in the reconstituted support for sector-level agreements increasingly found among very small businesses, networked businesses, and work via digital platforms. This is the rst book to take stock of the current state of collective bargaining in Europe. It is an essential study for labour and employment law practitioners, and an exemplary analysis of immeasurable value to policymakers and academics in the eld.
The Actors of Collective Bargaining
Author: Eduardo J. Ameglio
Publisher: Kluwer Law International B.V.
ISBN: 9041122532
Category : Law
Languages : en
Pages : 366
Book Description
No one denies that the institution of collective bargaining between workers and employers has been a powerful tool for social dialogue. Without our history of effective collective bargaining there would be no mutual understanding, no industrial peace, no constructive cooperation between social partners. Yet there is a feeling today that this history has drawn to a close; that our post-industrial world demands something different, something our tradition of collective bargaining and collective agreements cannot give us. What information and insight can we gather to verify or challenge this feeling? This was the first major question addressed by the distinguished delegates to the twenty-seventh World Congress of Labour and Social Security Law held at Montevideo, 2'5 September 2003. The aim of the conference was to discover current problems regarding the existing structures and functions of collective bargaining in industrialized countries today'problems readily identifiable in the context of economic globalization, falling union density, the increase in atypical and knowledge-based workers, and the 'tertiarization' or declining economic importance of manufacturing-based industry. This bulletin contains some of the most important papers devoted to this major theme of the conference. It presents twenty national reports, each written by a scholar well-versed in the law and practice of collective bargaining in the country covered. Two introductory reports deal with such general issues as the varying competences of representatives under different legal systems, labor union representation within the public sector, the development of collective bargaining in EC law, the levels and structures of collective bargaining practice, and the widening gap between the relevant legal norms and real situations. The national reports were drafted on the basis of a questionnaire, which appears as an annex. This allows the reader to easily compare the solutions set forth for consideration in the various countries under review. The Actors of Collective Bargaining will be of great value for all practitioners and academics in the field of industrial relations.
Publisher: Kluwer Law International B.V.
ISBN: 9041122532
Category : Law
Languages : en
Pages : 366
Book Description
No one denies that the institution of collective bargaining between workers and employers has been a powerful tool for social dialogue. Without our history of effective collective bargaining there would be no mutual understanding, no industrial peace, no constructive cooperation between social partners. Yet there is a feeling today that this history has drawn to a close; that our post-industrial world demands something different, something our tradition of collective bargaining and collective agreements cannot give us. What information and insight can we gather to verify or challenge this feeling? This was the first major question addressed by the distinguished delegates to the twenty-seventh World Congress of Labour and Social Security Law held at Montevideo, 2'5 September 2003. The aim of the conference was to discover current problems regarding the existing structures and functions of collective bargaining in industrialized countries today'problems readily identifiable in the context of economic globalization, falling union density, the increase in atypical and knowledge-based workers, and the 'tertiarization' or declining economic importance of manufacturing-based industry. This bulletin contains some of the most important papers devoted to this major theme of the conference. It presents twenty national reports, each written by a scholar well-versed in the law and practice of collective bargaining in the country covered. Two introductory reports deal with such general issues as the varying competences of representatives under different legal systems, labor union representation within the public sector, the development of collective bargaining in EC law, the levels and structures of collective bargaining practice, and the widening gap between the relevant legal norms and real situations. The national reports were drafted on the basis of a questionnaire, which appears as an annex. This allows the reader to easily compare the solutions set forth for consideration in the various countries under review. The Actors of Collective Bargaining will be of great value for all practitioners and academics in the field of industrial relations.
Towards a European Model of Industrial Relations?:Building on the First Report of the European Commission
Author: Marco Biagi
Publisher: Kluwer Law International B.V.
ISBN: 9041116532
Category : Law
Languages : en
Pages : 255
Book Description
A social dialogue has been in progress concerning industrial relations on a European level. The publication of the first Report of the European Commission on Industrial Relations demonstrates that, rather than merely harmonizing regimes, EU policy is focusing on the pursuit of basic aims.
Publisher: Kluwer Law International B.V.
ISBN: 9041116532
Category : Law
Languages : en
Pages : 255
Book Description
A social dialogue has been in progress concerning industrial relations on a European level. The publication of the first Report of the European Commission on Industrial Relations demonstrates that, rather than merely harmonizing regimes, EU policy is focusing on the pursuit of basic aims.
Industrial Relations
Author:
Publisher:
ISBN:
Category : Industrial relations
Languages : en
Pages : 1020
Book Description
Publisher:
ISBN:
Category : Industrial relations
Languages : en
Pages : 1020
Book Description
Collective Bargaining, Discrimination, Social Security and European Integration
Author: Roger Blanpain
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 514
Book Description
Although nominally protected by a plethora of laws, and championed in several well-intentioned declarations and charters, today's worker often feels adrift on an uncharted sea subject to unpredictable currents that have nothing to do with the quality of his or her work. Can we get at the root of this serious problem? We can at least determine if our existing legal systems, especially in the area of collective bargaining, discrimination, social security and European integration are able and ready to tackle the world-of-work challenges that confront us. And if they are not, we can begin to formulate a basis for new and effective labour and social security laws. This was in fact the essential impetus for the European Conference of the International Society of Labour Law and Social Security held in Stockholm in September 2002, a ground-breaking conference of which this book is the written record. In general, the papers stress the European situation, as it is in the EU, both as it exists today and as it is likely to be in the foreseeable future, a community of twenty-five nations, that the major work challenges are felt, and that the legal debate on relevant issues is strongest and most open. However, the twenty-four distinguished authors include representatives from countries as far-flung as Belarus and Congo, Korea and Turkey, and with these contributions the analysis extends to a study of fundamental rights as they actually exist under a wide variety of labour and social security law regimes in today's world. Collective Bargaining, Discrimination, Social Security and European Integration should not be overlooked by any policymaker or academic in the fields of labour and industrial relations law or social security law. It is one of the most detailed and current investigations we have of a situation that threatens to become a crisis in contemporary law and society.
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 514
Book Description
Although nominally protected by a plethora of laws, and championed in several well-intentioned declarations and charters, today's worker often feels adrift on an uncharted sea subject to unpredictable currents that have nothing to do with the quality of his or her work. Can we get at the root of this serious problem? We can at least determine if our existing legal systems, especially in the area of collective bargaining, discrimination, social security and European integration are able and ready to tackle the world-of-work challenges that confront us. And if they are not, we can begin to formulate a basis for new and effective labour and social security laws. This was in fact the essential impetus for the European Conference of the International Society of Labour Law and Social Security held in Stockholm in September 2002, a ground-breaking conference of which this book is the written record. In general, the papers stress the European situation, as it is in the EU, both as it exists today and as it is likely to be in the foreseeable future, a community of twenty-five nations, that the major work challenges are felt, and that the legal debate on relevant issues is strongest and most open. However, the twenty-four distinguished authors include representatives from countries as far-flung as Belarus and Congo, Korea and Turkey, and with these contributions the analysis extends to a study of fundamental rights as they actually exist under a wide variety of labour and social security law regimes in today's world. Collective Bargaining, Discrimination, Social Security and European Integration should not be overlooked by any policymaker or academic in the fields of labour and industrial relations law or social security law. It is one of the most detailed and current investigations we have of a situation that threatens to become a crisis in contemporary law and society.
Effective Resolution of Collective Labour Disputes
Author: A. F. M. Brenninkmeijer
Publisher: Europa Law Publishing
ISBN: 9789076871615
Category : Arbitration, Industrial
Languages : en
Pages : 180
Book Description
In the early summer of 2005, an international expert meeting was convened in The Hague to share and compare national experiences with conciliation and mediation as methods for resolving collective labor disputes. Both the European Union and the Council of Europe have committed themselves to promoting these methods which aim to assist disputants in finding creative, negotiated solutions, while preserving their long-standing relationships. Ideally, trade unions and employers (associations) have such long-standing relationships, and many European countries have specialized conciliation officers or mediation services operating in this area. The meeting allowed leading mediators and academics to share their experiences and to exchange their views on the changes permeating Europe today: the rise of transnational labor disputes, the decentralization of collective bargaining, the process of de-unification, the joining of the EU by new member states without a social dialogue tradition, and the insights generated by the emerging science of principled bargaining, facilitative mediation, and conflict management. All these developments are likely to increase the demand for expert mediation services assisting more often less experienced negotiators. Thereby, the very nature of mediation may gradually change. This book documents the proceedings and provides a comprehensive overview of EU initiatives in the field of collective labor law and dispute resolution.
Publisher: Europa Law Publishing
ISBN: 9789076871615
Category : Arbitration, Industrial
Languages : en
Pages : 180
Book Description
In the early summer of 2005, an international expert meeting was convened in The Hague to share and compare national experiences with conciliation and mediation as methods for resolving collective labor disputes. Both the European Union and the Council of Europe have committed themselves to promoting these methods which aim to assist disputants in finding creative, negotiated solutions, while preserving their long-standing relationships. Ideally, trade unions and employers (associations) have such long-standing relationships, and many European countries have specialized conciliation officers or mediation services operating in this area. The meeting allowed leading mediators and academics to share their experiences and to exchange their views on the changes permeating Europe today: the rise of transnational labor disputes, the decentralization of collective bargaining, the process of de-unification, the joining of the EU by new member states without a social dialogue tradition, and the insights generated by the emerging science of principled bargaining, facilitative mediation, and conflict management. All these developments are likely to increase the demand for expert mediation services assisting more often less experienced negotiators. Thereby, the very nature of mediation may gradually change. This book documents the proceedings and provides a comprehensive overview of EU initiatives in the field of collective labor law and dispute resolution.
Digital Work and Personal Data Protection
Author: Lourdes Mella Méndez
Publisher: Cambridge Scholars Publishing
ISBN: 1527523977
Category : Law
Languages : en
Pages : 555
Book Description
This book gathers contributions related to the most pressing problems and challenges that new information and communications technologies (ICT) and digital platforms introduce into the labour market, and the impact they have on the way that people work, their rights and even their health and dignity. In addition, there are also chapters studying personal data protection, which is currently a topic of maximum interest due to the New European Regulation about it. The contributors here are drawn from around the world, with several countries represented, such as Portugal, Spain, Italy, Brazil, Australia and Venezuela. The book will appeal lawyers, legal and human resources experts, economists, judges, academics and staff from trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (6) and Portuguese (4).
Publisher: Cambridge Scholars Publishing
ISBN: 1527523977
Category : Law
Languages : en
Pages : 555
Book Description
This book gathers contributions related to the most pressing problems and challenges that new information and communications technologies (ICT) and digital platforms introduce into the labour market, and the impact they have on the way that people work, their rights and even their health and dignity. In addition, there are also chapters studying personal data protection, which is currently a topic of maximum interest due to the New European Regulation about it. The contributors here are drawn from around the world, with several countries represented, such as Portugal, Spain, Italy, Brazil, Australia and Venezuela. The book will appeal lawyers, legal and human resources experts, economists, judges, academics and staff from trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (6) and Portuguese (4).