The Modernization of Labour Law and Industrial Relations in a Comparative Perspective PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download The Modernization of Labour Law and Industrial Relations in a Comparative Perspective PDF full book. Access full book title The Modernization of Labour Law and Industrial Relations in a Comparative Perspective by Silvia Spattini. Download full books in PDF and EPUB format.
Author: Silvia Spattini
Publisher: Kluwer Law International B.V.
ISBN: 9041128654
Category : Law
Languages : en
Pages : 510
Get Book Here
Book Description
Not all labour law and industrial relations scholars agree on the efficacy of the comparative approach - that the analysis of measures adopted in other countries can play a constructive role in national and local policy-making. However, the case deserves to be heard, and no better such presentation has appeared than this remarkable book, the carefully considered work of over 40 well-known authorities in the field from a wide variety of countries including Australia, France, India, Israel, Peru, Poland, and South Africa. The volume contains papers delivered at a conference sponsored by the Marco Biagi Foundation at the University of Modena and Reggio Emilia in March 2008.
Author: Silvia Spattini
Publisher: Kluwer Law International B.V.
ISBN: 9041128654
Category : Law
Languages : en
Pages : 510
Get Book Here
Book Description
Not all labour law and industrial relations scholars agree on the efficacy of the comparative approach - that the analysis of measures adopted in other countries can play a constructive role in national and local policy-making. However, the case deserves to be heard, and no better such presentation has appeared than this remarkable book, the carefully considered work of over 40 well-known authorities in the field from a wide variety of countries including Australia, France, India, Israel, Peru, Poland, and South Africa. The volume contains papers delivered at a conference sponsored by the Marco Biagi Foundation at the University of Modena and Reggio Emilia in March 2008.
Author: John R. Bryson
Publisher: Edward Elgar Publishing
ISBN: 1781003939
Category : Business & Economics
Languages : en
Pages : 538
Get Book Here
Book Description
This interdisciplinary volume provides a critical and multi-disciplinary review of current manufacturing processes, practices, and policies, and broadens our understanding of production and innovation in the world economy. Chapters highlight how firms
Author: Miguel De la Corte-Rodríguez
Publisher: Kluwer Law International B.V.
ISBN: 940351454X
Category : Law
Languages : en
Pages : 359
Get Book Here
Book Description
Although proven effective in protecting pregnancy, giving birth and breastfeeding – that is, the biological differences of women related to maternity – the current European Union (EU) legislative framework on maternity leave tends to overlook the roles of both parents, especially during the post-delivery period of ‘bonding’ with the child. This framework, along with EU law on parental leave, which does not encourage an equal take-up of the leave, gives rise to serious issues of gender equality affecting both men and women. This deeply researched and urgent book proposes alternative options for future EU law on child-related leave which can be applied to both employees and self-employed workers to mitigate these limitations and side effects. Analysing the various EU Directives which, directly or indirectly, relate to maternity leave, paternity leave, adoption leave and parental leave, as well as the corresponding case law of the Court of Justice of the EU, the author uses a social risk approach and tackles the following issues: narrow focus of the legislation on the delivering mother’s incapacity to work; in practice, excessive emphasis on the protection of the delivering mother; silent assent to the unequal distribution of caring responsibilities within the family; lack of attention to women’s labour market outcomes; and the new direction followed by the recently adopted Directive on work-life balance. The research focuses on working parents (including non-delivering parents in same-sex couples or adoption) and includes a comparative analysis of the law of six countries – Belgium, Ireland, Spain, the United Kingdom, Sweden and Portugal – chosen to illustrate the variety of national schemes available and how their desirable features can be introduced into EU law. A more balanced design of child-related leave is a must in today’s society for reasons of fairness and also for economic considerations. This complete analysis of EU legislation and case law about child-related leave – including the first-ever systematic and in-depth analysis on whether maternity leave can be considered discriminatory against fathers and a review of economic literature on how child-related leave affects the situation of women in the labour market – offers forward-looking solutions for child-related leave to enhance gender equality. Practitioners and nongovernmental organisations dealing with EU and national matters related to labour and employment law, social security law and gender equality law will welcome this important book, as will academics and policymakers interested in maternity and other child-related leaves.
Author: Frank Hendrickx
Publisher: Kluwer Law International B.V.
ISBN: 9041199543
Category : Law
Languages : en
Pages : 283
Get Book Here
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.
Author: Olga Rymkevich
Publisher: Kluwer Law International B.V.
ISBN: 904113249X
Category : Law
Languages : en
Pages : 266
Get Book Here
Book Description
Unemployment levels are on the rise nearly everywhere, and the rate is particularly high among young people. If this trend is not reversed, the potential long-term economic and social damage is incalculable. For this reason a particular urgency attended an international conference on the subject held in March 2009 at the Marco Biagi Foundation in Modena, Italy, in the course of which specialists in labour law, human resources management, labour economics, sociology, education, and statistics met to present and compare research. This issue of the Bulletin of Comparative Labour Relations includes a selection of the papers presented at that conference. Although the selected essays present findings on specific issues in particular countries, the general applicability at the global level is evident. Assessing measures taken to deal with youth unemployment in thirteen countries (Italy, Spain, Russia, Sweden, Bulgaria, Estonia, Hungary, Poland, Israel, Nigeria, the United States, China, and Singapore), twenty-five leading authorities describe and analyse such aspects of the problem as the following: vocational education and training; quality of employment as well as quantity; links between educational institutions and local, national and international enterprises; consultation and co-operation between employers' associations and trade unions; job security vs. employment security; funding for postgraduate programmes, internships, and on-the-job vocational training; career development for future managers; safeguards for workers in a framework of flexibility; labour market pressure from unskilled immigrant workers; 'earn-as-you-learn' schemes; work in the informal economy; and the rationale behind the phasing out of passive labour market measures for school leavers such as unemployment benefits.
Author: Pietro Manzella
Publisher: Cambridge Scholars Publishing
ISBN: 1443836915
Category : Law
Languages : en
Pages : 350
Get Book Here
Book Description
The economic crisis has highlighted major shortcomings in the EU flexicurity strategy which, although suitable to tackle structural unemployment in a period of economic growth, it proved unable to stand the impact of the recession, which requires specific measures to maintain employment. Against this background, the authors of the present papers, which were presented at the International Scientific Conference “Labour Market of the 21st Century: Looking for Flexibility and Security”, on the occasion of the 370th Anniversary of the establishment of Vilnius University’s Faculty of Law, that took place on 12–14 May 2011, investigate the development of labour regulation in the 21st century, with particular reference to the relation between flexibility and security and to the need to strike a balance between these two elements. The contributions address the issue in a comparative and transnational perspective and provide some insights into the development of national models of flexibility and social security.
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
ISBN: 904116748X
Category : Law
Languages : en
Pages : 446
Get Book Here
Book Description
For forty years the international watchword has been deregulation of labour law and of social security. Now, however, the rise in unemployment and lack of employment security, the dizzying inequality gulf, and the environmental disasters and mass migrations caused by this deregulation are generating an impetus that defines social justice no longer merely in terms of the equitable distribution of resources, but also – and often primarily – in terms of the just recognition of persons. This collection of incisive essays recognizes that the growing interdependence of all of the people of the earth demands that labour rights are understood as an aspect of human rights, and thus envisaged at the international level. Contributions by twenty outstanding labour law scholars from a range of countries worldwide provide in-depth analysis of such aspects of the debate as the following: – collective action in the interests of market effectiveness as well as fair outcomes for workers; - right to strike; - resilience of trade unions and collective bargaining as mechanisms of labour market regulation; - importance of national policy, despite the influence of global market forces, in shaping national outcomes; - work as the locus of the relationship between humans and nature; - search for a legal foundation for corporate social responsibility; - litigation as an alternative to collective bargaining; - the role of collective labour relations for immigrants and disabled people; - lessons that developed countries could learn from mechanisms pioneered in developing countries in coping with conditions of austerity; and - the trap of soft law and of declarations of intent that weigh lightly in the face of the power of the interests at play in international trade. The essays take stock of the dimensions of the current situation and also explore paths leading to a better achievement of social justice in labour law. These essays recognize that economic development and the pursuit of social justice are interwoven in a quest for social progress that includes mechanisms designed to eliminate unjustifiable inequality. For lawyers and other parties committed to the emerging political will to not only respect fundamental rights, but more broadly improve labour and environmental protection, this book opens abundant avenues that can be pursued in practice and in policy. The volume is based on a selection of papers presented at the 21st World Congress of the International Society for Labour and Social Security Law in Cape Town in 2015.
Author: Jan Pichrt
Publisher: Kluwer Law International B.V.
ISBN: 9403500948
Category : Law
Languages : en
Pages : 409
Get Book Here
Book Description
The protection of jobs and labour law standards achieved by employees in the past has been under pressure from neoliberalization forces for many years. The focused perspectives evident in this original collection of essays go a long way toward clearly de? ning where labour law and social security law must set their sights in order to preserve fair and productive employer-employee relations in the new world of work. Distinguished researchers study the changing realities confronting the labour market, in public policy as well as in industrial relations. Issues and topics include the following: – integration of immigrants into industrial relations; – the social situation of migrant workers; – new phenomena brought by the digital age; – temporary agency work; – harmonizing family and working lives; – sport and labour law; – the role of European Works Councils; and – social and labour reforms. Throughout this book, the contributors emphasize the changing role of the state and reform agendas. Although the central focus is on Europe, there is an abundance of comparative detail, allowing for global application. As a matchless, up-to-date overview and analysis of how new and emerging forms of employment and industrial relations impact employee security, this book will be warmly welcomed by practitioners, academics, and policymakers concerned with ensuring the persistence of fair and viable standards in labour and social security law.
Author: Elena Sychenko
Publisher: Kluwer Law International B.V.
ISBN: 9041186468
Category : Law
Languages : en
Pages : 293
Get Book Here
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: 9041189386
Category : Law
Languages : en
Pages : 404
Get Book Here
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) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: • 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 fifth 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.
