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: Richard Bales
Publisher: Cambridge University Press
ISBN: 1108428835
Category : Law
Languages : en
Pages : 435
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Book Description
Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.
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: Bruce S. Feldacker
Publisher: Cornell University Press
ISBN: 0801454581
Category : Law
Languages : en
Pages : 657
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Book Description
Labor Guide to Labor Law is a comprehensive survey of labor law in the private sector, written from the labor perspective for labor relations students and for unions and their members. This thoroughly revised and updated fifth edition covers new statutes, current issues, and the latest developments in labor and employment law.The text emphasizes issues of greatest importance to unions and employees. Where the law permits a union to make certain tactical choices, those choices are pointed out. Material is included on internal union matters that tend to be ignored in management texts. Bruce S. Feldacker and Michael J. Hayes cover applicable labor law principles from a union's initial organizing campaign to the mature bargaining relationship, including such subjects as the employee right to engage in protected concerted activity, the duty to bargain, labor arbitration, the use of strikes, picketing and other economic weapons in resolving a labor dispute, the duty of fair representation, internal union regulation, and employment discrimination.This book is also a useful reference and review for full-time union officers and representatives who have a working knowledge of labor law but wish to brush up on certain points as needed in their work. Both authors have extensive experience in the construction field, and they have been careful to include material on those aspects of labor law that are unique to that field.Labor Guide to Labor Law is structured to present an unbiased and comprehensive explanation of labor law principles for anyone interested in the field. Thus, labor relations educators, as well as practitioners in the field representing labor, management, or individual employees, should also find the text suitable for their use. Each chapter includes a summary, review questions and answers, a restatement of "Basic Legal principles" with citations to key cases, and a bibliography for additional research.
Author: Marion Crain
Publisher: Univ of California Press
ISBN: 0520287177
Category : Business & Economics
Languages : en
Pages : 326
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Book Description
"Demographic and technological trends have yielded new forms of work that are increasingly more precarious, globalized, and brand centered. Some of these shifts have led to a marked decrease in the visibility of work or workers. This edited collection examines situations in which technology and employment practices hide labor within the formal paid labor market, with implications for workplace activism, social policy, and law. In some cases, technological platforms, space, and temporality hide workers and sometimes obscure their tasks as well. In other situations, workers may be highly visible--indeed, the employer may rely upon the workers' aesthetics to market the branded product--but their aesthetic labor is not seen as work. In still other cases, the work occurs within a social interaction and appears as leisure--a voluntary or chosen activity--rather than as work. Alternatively, the workers themselves may be conceptualized as consumers rather than as workers. Crossing the occupational hierarchy and spectrum from high- to low-waged work, from professional to manual labor, and from production to service labor, the authors argue for a broader understanding of labor in the contemporary era. This book adopts an interdisciplinary approach that integrates perspectives from law, sociology, and industrial/labor relations"--Provided by publisher.
Author: Marion G. Crain
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1156
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Book Description
Author: ROBERT A.. FINKIN GORMAN (MATTHEW W.. GLYNN, TIMOTHY P.)
Publisher: Foundation Press
ISBN: 9781684679812
Category :
Languages : en
Pages : 1295
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Book Description
The Seventeenth Edition makes a number of significant changes to its predecessor, reflecting the evolution of the law relating to employers, employees, and unions in a dynamic economy and polarized political environment. This edition includes new decisions of the National Labor Relations Board appointed by President Trump, which has departed in many, significant ways from the approach of the Board under the Obama Administration. The Trump Board's starkly different outlook on the role of labor law in the contemporary workplace is reflected in its overturning or reversing precedents on many key issues, such as protections for employee electronic communications, accountability for employers in "fissured" enterprises, and treatment of various other employer restrictions on collective employee activity. The book also contains judicial decisions addressing these developments, evincing the growing conflicts over the role of labor unions in society. This edition supplies a comprehensive revision in light of major legal shifts occurring from 2016 through 2020, notably Newly revised NLRB representation election rules SuperShuttle and more, addressing the distinction between employees and independent contractors The Boeing Company, adopting a new and markedly different framework for analyzing whether facial neutral workplace rules interfere with Section 7 rights, including rules addressing matters such as employee use of cameras in the workplace and workplace civility standards Caesars Entertainment, reverting to the Board's prior approach (under The Register Guard) to rules on employee use of employer email for concerted activity The NLRB General Counsel's advocacy of stricter limitations on neutrality agreements Newly enacted rules overturning Browning-Ferris and narrowing the scope of joint employer status Alstate Maintenance, seemingly narrowing the scope of concerted activity for mutual aid or protection Epic Systems, in which the Supreme Court rejected the Board's decision in Murphy Oil, thereby unwinding protection against contractual waivers of the capacity to participate in group arbitration or adjudication of employment-related claims General Motors, adopting a new approach to determining when allegedly abusive conduct loses protection under Section 7. MV Transportation, abandoning the "clear and unmistakable" standard for determining whether a CBA waives the duty to bargain and replacing it with a "contract coverage" standard. New discussion problems and exercises throughout the text offer students the opportunity to engage with this new material, illustrating how exciting and challenging the study of labor law is today.
Author: Frank Hendrickx
Publisher: Kluwer Law International B.V.
ISBN: 9041199543
Category : Law
Languages : en
Pages : 283
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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.
Author: FRANCIS J. MOOTZ. SAUCEDO III (LETICIA. MASLANKA, MICHAEL P.)
Publisher: West Academic Publishing
ISBN: 9780314278692
Category :
Languages : en
Pages : 520
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Book Description
Learning Employment Law provides concise and clear text, examples, and case excerpts that empower students to engage in sophisticated problem-solving regarding the most pressing issues in contemporary workplace law. The book succinctly reviews the historical backdrop of each issue to ensure that students gain the wider understanding necessary to effectively address contemporary problems. The book is comprised of 44 independent Lessons that can be structured by the professor to highlight different themes. Students will be exposed to common law and regulatory regimes, with a focus on the new workplace challenges of the platform economy, outsourced labor, and immigrant labor. Students will gain a sophisticated understanding of the challenges facing lawyers in this rapidly developing area of the law.
Author: Kenneth G. Dau-Schmidt
Publisher:
ISBN: 9780314289360
Category : Collective bargaining
Languages : en
Pages : 0
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Book Description
Labor Law in the Contemporary Workplace is organized around contemporary problems as a means of teaching the core principles of labor law. It prepares students for the practice of labor law in the contemporary workplace by introducing them to the principles of American labor law and many of the issues that labor law attorneys face. Although the primary focus of the book is the National Labor Relations Act, considerable attention is given to the Railway Labor Act and public-sector labor laws because of their growing relative importance in contemporary practice. The second edition takes account of changes in the law since the first edition was published and in particular new interpretations of the National Labor Relations Act by the National Labor Relations Board and recent state restrictions on public sector collective bargaining.
