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Author: Douglas Brodie
Publisher: Employment Law Practice
ISBN: 9780199269662
Category : Law
Languages : en
Pages : 0
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Book Description
The Employment Contract: Legal Principles, Drafting, and Interpretation provides a detailed analysis of the content of the employment contract. It explains the way in which the general principles of contract law operate in respect of the employment contract, discusses the significance ofimplied terms in interpreting the employment contract, and includes guidance on the drafting of effective employment contracts. Offering a balance between a reliable guide to the current law and an analysis of how the employment contract might develop, the book will be of equal interest to thepractitioner and the academic.
Author: Douglas Brodie
Publisher: Employment Law Practice
ISBN: 9780199269662
Category : Law
Languages : en
Pages : 0
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Book Description
The Employment Contract: Legal Principles, Drafting, and Interpretation provides a detailed analysis of the content of the employment contract. It explains the way in which the general principles of contract law operate in respect of the employment contract, discusses the significance ofimplied terms in interpreting the employment contract, and includes guidance on the drafting of effective employment contracts. Offering a balance between a reliable guide to the current law and an analysis of how the employment contract might develop, the book will be of equal interest to thepractitioner and the academic.
Author: Patricia Leighton
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 280
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Book Description
This ground-breaking text for managers, personnel professionals and students is the first to bring together the creative detail of employment contract law with the wider agendas of modern management and EU influences. Contracts in their various forms are the key item that underpins all employment relationships and the capability to anticipate and endure change as well as avoiding disputes. If disputes arise the well crafted and well managed contract might itself provide the solution. The book analyses the way contracts are drafted and managed. It explores the way in which contracts can be used effectively to translate and reflect organizational policies and respond to external imperatives, especially often fast moving employment law itself. It deals with many of the practical issues facing managers - flexible contracts, managing employee performance, dealing with misconduct and ending contracts effectively.
Author:
Publisher: W.E. Upjohn Institute
ISBN: 0880992328
Category : Business & Economics
Languages : en
Pages : 260
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Book Description
Topics covered include theories and changes of labour markets, wage structures, job characteristics, skills and wages, pay flexibility.
Author: Brodie, Douglas
Publisher: Edward Elgar Publishing
ISBN: 178347968X
Category : Law
Languages : en
Pages : 256
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Book Description
This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.
Author: Katherine V.W. Stone
Publisher: Russell Sage Foundation
ISBN: 1610448030
Category : Business & Economics
Languages : en
Pages : 438
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Book Description
During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.
Author: Stella Vettori
Publisher: CRC Press
ISBN: 1317034201
Category : Social Science
Languages : en
Pages : 237
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Book Description
The world of work has undergone major changes in the last two decades. This book examines these changes in their international context. It is argued that collective bargaining should no longer be viewed as the most important means of regulating the employment relationship. In the changed world of work such an approach is becoming less relevant. Instead, other means of protecting legitimate worker interests are explored. These include: an adaptation and extension of the general principles of the law of contract; a constitutional right to fair labour practices; and the pursuit of good corporate governance and corporate social responsibility. The conclusion is that these alternative means of addressing legitimate worker interests can play a valuable role in filling the vacuum left by the worldwide decline of trade unions.
Author: Cheryl J. Elliott
Publisher: Aurora, Ont. : Canada Law Book
ISBN: 9780888040909
Category : Labor contract
Languages : en
Pages : 127
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Book Description
Author: Warren Freedman
Publisher: Praeger
ISBN:
Category : Business & Economics
Languages : en
Pages : 210
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Book Description
Written as a comprehensive reference for personnel managers, vice presidents in charge of human resources, and for practicing attorneys, The Employment Contract addresses both the historical development of the employer-employee relationship and current legal practice. In addition to thorough coverage of the many legal and nonlegal concepts and precedents involved, Freedman also offers in-depth analysis of such timely issues as the impact of AIDS on anti-discrimination statutes and problems of sexual harassment in the workplace. Throughout, the discussion is illustrated with ample references to applicable case law. Freedman begins by exploring the traditional master-servant relationship and its impact on beginning concepts of the employment contract. He goes on to trace the law's response to various issues affecting the rights and responsibilities of employers and employees including the termination and dismissal of employees; age, racial, sexual, and religious discrimination; the discriminatory problems of the handicapped; and other federal statutes such as unemployment compensation, the Fair Labor Standards Act, and the Employee Retirement Income Security Act (ERISA). In a separate chapter devoted to workplace injuries, federal statutes such as Workmens' Compensation and the Federal Employers' Liability Act also receive thorough treatment. The volume concludes with comprehensive discussions of liability to third parties, noncompetitive covenants, unions, and migrant and alien employees.
Author: Anne Meier
Publisher: Dike Publishers
ISBN: 9783037516577
Category : Flextime
Languages : en
Pages : 0
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Book Description
"Flexibilisation," the leitmotiv of contemporary employment, is used by policy makers, employers, human resource managers, and the European money lenders. Part-time employment, limited-duration contracts, temporary work, and freelancing are only a few examples among the "new" forms of employment contracts. But, what does this word actually mean in terms of employment and labor law? Using a comparative legal methodology with a focus on Swiss law, this study shows how flexibility challenges the three levels which, together, form the employment relationship: the law of the individual work contract (employment law), the law of collective bargaining (labor law), and social security law (in particular, old-age and unemployment insurance). Inspired by the Decent Work principles of the International Labor Organization, the book explores how the law can newly define the employment relationship and its contents. The study aims to grasp a definition of the new employment relationship and its contents, as well as to encourage more flexibility in social security systems as a counter-part to the flexibility in the individual employment relationship. The features of the "new" employment relationship thereby appear as possibly combining the wishes of flexibility and the social protection of the worker. (Series: Dike Law Books) [Subject: Swiss Law, Employment Law, Labor Law, Social Security Law]
Author: Jan Kemp Nel (Jnr)
Publisher: KR Publishing
ISBN: 9781869228996
Category :
Languages : en
Pages : 228
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Book Description
Employment Contracts for The New World of Work deals with the employment contract in South Africa and the importance of this document as the foundation of the commercial relationship between the employee and the employer. It describes the nature and relevance of the contract of employment, the essential components and conclusion of the contract, the legislative framework and aspects related to breaches of the contract, as well as repudiation and the termination of the contract. The authors discuss employment issues as they relate to the 'new normal', including topics such as Remote and Hybrid Working, and the effect this has had on managerial control and authority. Employment Contracts for The New World of Work provides practical assistance and information to the entrepreneur, business owner, front-line manager, trade union representative and official, who is, no matter how experienced, always in need of a quick reference guide and source of knowledge. Content includes: - Identifying the Parties to The Contract - The Legislative Framework - The Contract of Employment: Formation, Contents and Format - Termination of Employment - Pushing the Frontiers of Traditional Employment - Working from Home (WFH) And Hybrid Working - Repudiation Breaches of Contract and Remedial Rights - Disputes and Dispute Processes Including a free Toolkit with Sample Contracts, Guidelines, Policies, Procedures and Statutory Regulations.
