Laws against strikes. The South African Experience in an international and Comparative Perspective

Laws against strikes. The South African Experience in an international and Comparative Perspective PDF Author: AA. VV.
Publisher: FrancoAngeli
ISBN: 8891713538
Category : Law
Languages : en
Pages : 226

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Book Description
Laws against Strikes, comprising contributions from South African, Italian and British legal scholars, examines the right to strike in periods of socio-economic crisis. The book aims to contribute to the debates on this issue, by comparing, where a

Laws against strikes. The South African Experience in an international and Comparative Perspective

Laws against strikes. The South African Experience in an international and Comparative Perspective PDF Author: AA. VV.
Publisher: FrancoAngeli
ISBN: 8891713538
Category : Law
Languages : en
Pages : 226

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Book Description
Laws against Strikes, comprising contributions from South African, Italian and British legal scholars, examines the right to strike in periods of socio-economic crisis. The book aims to contribute to the debates on this issue, by comparing, where a

Laws Against Strikes

Laws Against Strikes PDF Author: B. A. Hepple
Publisher:
ISBN: 9781485118763
Category : Collective bargaining
Languages : en
Pages : 200

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Book Description
The Marikana massacre at a platinum mine in South Africa on 16 August 2012 reflected a deep social crisis in post-apartheid South Africa, but also marked a failure of voluntary collective bargaining. Against the backdrop of Marikana and other violent protest action in "South Africa, Laws Against Strikes examines what went wrong with labour relations in South Africa and what can be done to stabilise and improve those relations. In the European Union, the right to strike has been at the centre of the complex and controversial jurisprudence of the Court of Justice regarding industrial action, which started with the rulings in Viking and Laval in 2007. Although violence was not a factor in those cases, they brought into public focus the problem of disequilibrium between economic freedoms and fundamental social rights. Since 2008, the era of austerity measures in Europe has also called into question the adequacy of labour laws and has revealed that organisations representing collective interests lack the power to significantly influence macro-economic policy. Laws Against Strikes, comprising contributions from South African, Italian and British legal scholars, examines the right to strike in periods of socio-economic crisis. The book aims to contribute to the debates on this issue, by comparing, where appropriate, the operation of the right to strike in South Africa with its operation in the European Union countries."--Page [4] of book cover.

Strike Ballots, Democracy, and Law

Strike Ballots, Democracy, and Law PDF Author: Breen Creighton
Publisher: Oxford University Press, USA
ISBN: 0198869894
Category : Right to strike
Languages : en
Pages : 321

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Book Description
This book critically evaluates mandatory strike ballots as a means of protecting the 'democratic' rights of workers. Exploring empirical case studies from Australia and comparative analysis from a range of other countries, this book concludes that often the goal is to curtail strikes rather than support the democratic imperative for workers.

Labour Law and Social Progress

Labour Law and Social Progress PDF Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
ISBN: 904116748X
Category : Law
Languages : en
Pages : 346

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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.

Research Handbook on Labour, Business and Human Rights Law

Research Handbook on Labour, Business and Human Rights Law PDF Author: Janice R. Bellace
Publisher: Edward Elgar Publishing
ISBN: 1786433117
Category : Law
Languages : en
Pages : 528

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Book Description
Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.

Solidarity and Conflict

Solidarity and Conflict PDF Author: Silvana Sciarra
Publisher: Cambridge University Press
ISBN: 1108633072
Category : Law
Languages : en
Pages : 165

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Book Description
The ongoing austerity crisis is being felt in all sectors of EU law, but has had a particularly severe impact on labour law. Silvana Sciarra, a leading judge and scholar of EU employment law, considers how solidarity regimes have been shaken by the crisis. She brings together existing European policies in social and employment law, to enhance synergies and developments in a post-crisis discourse. She looks at reactions of national constitutional courts to austerity measures and of international organizations in re-establishing respect of fundamental workers' rights. Criticizing soft law approaches in employment policies, she favours recourse to binding measures connected with selective financial incentives through European funds. She highlights developments in European sector social dialogue and new horizons of transnational collective bargaining in large multinationals. Taking a positive, practical approach, Sciarra shows how social policies can enhance solidarity and social cohesion, through European financial support.

The Negotiated Revolution

The Negotiated Revolution PDF Author: Heribert Adam
Publisher:
ISBN:
Category : Apartheid
Languages : en
Pages : 304

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Book Description


Working Time Around the World

Working Time Around the World PDF Author: Jon C. Messenger
Publisher: Routledge
ISBN: 113407039X
Category : Business & Economics
Languages : en
Pages : 239

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Book Description
First Published in 2007. Routledge is an imprint of Taylor & Francis, an informa company.

Annual Legal Bibliography

Annual Legal Bibliography PDF Author: Harvard Law School. Library
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 600

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Book Description


Frontiers of Legal Knowledge

Frontiers of Legal Knowledge PDF Author: Kenneth Kaoma Mwenda
Publisher:
ISBN:
Category : Business law
Languages : en
Pages : 468

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Book Description
Frontiers of Legal Knowledge examines contemporary issues in African jurisprudence on the business and economic law aspects of globalization and good governance. It sets out an interdisciplinary exposition of the law, providing an interface of business law, finance, management, economics, political economy, and development studies. This book attempts to permeate intellectual spheres that have not been explored in depth before. This is not a simple textbook on the introductory aspects of a particular field of law. Instead, the book breaks new ground in the areas of business and economic law. A law-in-context approach gives added value to the respective fields of knowledge in the book. The editors have endeavored to bring together fresh and original contributions from leading African scholars on the respective subjects covered in the book, with each chapter written by an expert in the field. Mwenda and Ailola cover, among other things, development economics and development studies, and the nexus between these disciplines and business and economic law. The topics examined include the following: privatization law in Zambia; the U.S. African Growth Opportunity Act, as it applies to Zambia and other African countries; the legal framework for the African Trade Insurance Agency; international aspects of protecting intellectual property rights; land law and property rights in Zambia; aspects of trusts law in Zambia; the institutional framework for tax administration in Zambia and principles of tax law in that country; developments in labor law of international organizations and the applicability of such matters to Zambia; securities regulation both in Zambia and other countries; the legal framework for regulating foreign direct investment in Zambia; developments in company law and corporate finance law of Zambia and other countries; developments relating to the financial sector; and many other areas of jurisprudence in Africa. Scholars interested in studying international and comparative law, and the interface of law and the social sciences, will find this book a must read.