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Comparative Labor Law
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Book Synopsis Comparative Labor Law by : Matthew W. Finkin
Download or read book Comparative Labor Law written by Matthew W. Finkin and published by Edward Elgar Publishing. This book was released on 2015-07-31 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt: Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This bo
Book Synopsis Labour Law in Motion by : Roger Blanpain
Download or read book Labour Law in Motion written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: While legislation protecting employees exists in most advanced countries, the notion of who actually is an employee has become unstable. Moreover, the decentralization of traditional collective bargaining is clearly under way everywhere, and the all-important balance between workers' security and employers' flexibility continues to change radically, either retreating toward individual statutory rights or seeking new forms of employee representation. Labour Law in Motion reprints sixteen reports originally submitted to the seventh Comparative Labor Law Seminar (Tokyo Seminar) sponsored by the Japan Institute for Labour Policy and Training in March 2004. Eleven expert authors describe the situation in their respective countries with regard to issues such as the following:criteria used to determine whether a person is an employee;what categories of non-employee exist, and what measure of statutory protection is afforded to such persons;variations in the concept of employee among labour law, tax law, and social security law;regulation of terms and conditions of employment; the forms and legal nature of employee representation;current trends in deregulation or `re-regulation' of labour laws;mechanisms permitting deviation from legal norms; and,the manner and extent of labour law intervention in the labour market. All eleven authors emphasize recent and ongoing changes in their countries' labour laws and evaluate the factors that have contributed to such changes. Each author concludes that reform of traditional labour laws is indeed necessary. However, the book as a whole clearly demonstrates that the content of such reform differs from country to country, particularly in the extent to which labour law entrusts the regulation of working conditions to the market. Offering as it does a clear and concise summary of the recent and current experience of labour relations in eight major industrialized countries, Labour Law in Motion is an essential resource for professionals and officials engaged in any aspect of labour law or regulation in any country.
Book Synopsis The Sources of Labour Law by : Tamás Gyulavári
Download or read book The Sources of Labour Law written by Tamás Gyulavári and published by Kluwer Law International B.V.. This book was released on 2019-12-06 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis East Asian Labor and Employment Law by : Ronald C. Brown
Download or read book East Asian Labor and Employment Law written by Ronald C. Brown and published by Cambridge University Press. This book was released on 2012-03-05 with total page 571 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea and Japan. It explores and explains the effects of globalization and discusses the role played by international labor law as it affects lawyers, business, labor, labor unions and human resource management, and the labor issues that can arise in dealing in EA trade and investment. The text, and the readings (from area experts), are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions and dispute resolution).
Book Synopsis The Global Workplace by : Roger Blanpain
Download or read book The Global Workplace written by Roger Blanpain and published by Cambridge University Press. This book was released on 2014-01-02 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the forces of globalization as a backdrop, this pathbreaking casebook develops labor and employment law in the context of the national laws of nine countries important to the global economy -- U.S., Canada, Mexico, U.K., Germany, France, China, Japan and India. National materials are contextualized by coverage of international labor standards promulgated by the International Labor Organization, as well as the principles that emerge from two regional trade arrangements -- the North American Free Trade Agreement and the European Union -- and TNC's self-regulatory efforts. Instructor resources include an extensive teachers' manual, powerpoint slides, and a website providing updates in this broad and fast-moving subject.
Book Synopsis The Fissured Workplace by : David Weil
Download or read book The Fissured Workplace written by David Weil and published by Harvard University Press. This book was released on 2014-02-17 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.
Book Synopsis International and Comparative Labour Law by : Arturo Bronstein
Download or read book International and Comparative Labour Law written by Arturo Bronstein and published by Bloomsbury Publishing. This book was released on 2017-09-16 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: A stimulating, authoritative account of international employment law written by a leading figure who for many years has shaped global policy, striving to implement fairer working conditions worldwide. We are expertly guided though the context and development of labour law, making this book ideal for study or research.
Book Synopsis Principled Labor Law by : Sergio Gamonal C.
Download or read book Principled Labor Law written by Sergio Gamonal C. and published by Oxford University Press. This book was released on 2019-04-29 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.
Book Synopsis New Frontiers in Empirical Labour Law Research by : Amy Ludlow
Download or read book New Frontiers in Empirical Labour Law Research written by Amy Ludlow and published by Bloomsbury Publishing. This book was released on 2015-10-29 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection draws together papers delivered at a symposium on New Frontiers in Empirical Labour Law Research held at the University of Cambridge in April 2014. It contains contributions from established and emerging experts across a range of disciplines (including employment relations, industrial psychology, sociology, economics and political science) to consider four broad themes: the case for empiricism in labour law; the potential for mixed methods; methodological possibilities and insights from other disciplines; and practical challenges and words of caution for those conducting empirical research. This collection seeks to cultivate confidence and competence in empirical methods among both established and young labour law scholars, through an intergenerational and interdisciplinary 'lessons learned' dialogue. It contributes to the broader debate regarding empirical research methods in labour law, and casts light on how empirical research can be conducted in highly contested fields to enhance labour law policy-making. This collection aims to inspire labour lawyers to embark upon new forms of empirical research, both to enrich their existing research projects, and to ask new research questions. It offers the first stage of a collaborative and interdisciplinary dialogue on empirical labour law research, to emphasise the importance of collaboration and intergenerational mentoring in building empirical capacity.
Book Synopsis Comparative Labour Law by : Anne Trebilcock
Download or read book Comparative Labour Law written by Anne Trebilcock and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive research review discusses an array of distinguished papers from within the sphere of comparative labour law, covering the subject's most compelling and thought-provoking questions. Topics include the uses and limits of comparative labour law, the enforcement of labour rights and the methods of comparative labour law. Prefaced with an original introduction by the editor, this collection promises to be a useful research tool for scholars and practitioners, as well as a fascinating read for those interested in the field.
Book Synopsis Game Changers in Labour Law by : Frank Hendrickx
Download or read book Game Changers in Labour Law written by Frank Hendrickx and published by Kluwer Law International B.V.. This book was released on 2018-03-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Collective Bargaining for Self-Employed Workers in Europe by : Bernd Waas
Download or read book Collective Bargaining for Self-Employed Workers in Europe written by Bernd Waas and published by Kluwer Law International B.V.. This book was released on 2021-02-16 with total page 480 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.
Book Synopsis Labour Law, Work, and Family by : Joanne Conaghan
Download or read book Labour Law, Work, and Family written by Joanne Conaghan and published by Oxford University Press, USA. This book was released on 2005 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, gender has emerged as an important focus of attention in discourse in and around labour law. Gender is gradually moving from the margin to the mainstream of labour law debate, particularly with the development of a 'family-friendly' policy agenda. This book consists of aseries of essays from an international selection of leading legal scholars exploring the shifting boundary between work and family from a labour law perspective. The object is to assess the global implications for labour law and policy of women's changing role in paid and unpaid work.The approaches adopted by the contributors' are diverse, both conceptually and geographically, encompassing analyses from Australia, North America, Canada, the UK, Europe and Japan, and including national and supra-national perspectives. Key themes informing the collection as a whole are there-positioning of unpaid care work as integral to the performance and structure of productive activity; and consideration of the implications of recognizing the interdependence of work and family activities. In this way, the book seeks to develop a central theme from the previously published 'LabourLaw in an Era of Globalization' (Conaghan, Fischl and Klare, eds. OUP), as part of an ongoing exploration into the distributive implications of economic and political globalization.
Book Synopsis Labour Law and Industrial Relations in Germany by : Manfred Weiss
Download or read book Labour Law and Industrial Relations in Germany written by Manfred Weiss and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour Law and Industrial Relations in Germany gives the reader a broad understanding of German labour law covering all important aspects. The book deals with the sources of labour law, individual employment relationships, collective bargaining, remuneration, working conditions, and dispute settlement.
Book Synopsis Psychosocial Risks in Labour and Social Security Law by : Loïc Lerouge
Download or read book Psychosocial Risks in Labour and Social Security Law written by Loïc Lerouge and published by Springer. This book was released on 2017-08-24 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book studies a range of legal systems and compares them on their ability to deal with psychosocial risks at work. The book looks at prevention of psychosocial risks from a labor law perspective and at compensation and reparation from a social security law perspective. It pays special attention to the topic of bullying in the work place, which is currently the subject of most legal summons. This book presents the views on the subject from leading national and international experts and provides an in-depth coverage of legal systems used in Southern and Northern European countries, as well as Canada and Japan to deal with this topic. The topic of psychosocial risks at work has received much attention recently, both from the general public, the press, and those working in the legal arena. It is difficult for lawyers to deal with the issue of psychosocial risks at work due to the multifactorial and subjective features involved.
Book Synopsis Labour Law in the Netherlands by : A. T. J. M. Jacobs
Download or read book Labour Law in the Netherlands written by A. T. J. M. Jacobs and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book was originally published as a monograph in the International encyclopaedia of laws/Labour law and industrial relations."
Book Synopsis Research Handbook of Comparative Employment Relations by : Michael Barry
Download or read book Research Handbook of Comparative Employment Relations written by Michael Barry and published by Edward Elgar Publishing. This book was released on 2011-01-01 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Besides a well-written introduction by the two editors, the book presents seventeen other chapters, some by well-known writers on the subject or related social sciences. . . This is a substantial resource book for scholars and students of comparative ER, especially for those who look towards the evolution of ER in the new economic world that is in formation, and in a comparative perspective. . . the book contains intellectually stimulating analyses of employee relations realities across the globe. . . Scholars belonging to different disciplinary perspectives, from which ER has been studied in the past, will also find in it a good reference material of comparative analyses. . . The publishers too deserve accolades for their professionalism and first rate copy-editing and production.' – Debi S. Saini, Vision – the Journal of Business Perspectives 'The book is a comprehensive volume of studies on employment relations in a wide variety of settings. . .an enriching compendium.' – Silvia Florea, Management of Sustainable Development The Research Handbook of Comparative Employment Relations is an essential resource for those seeking to understand contemporary developments in the world of work, and the way in which employment relations systems are evolving around the world. Special consideration is given to the impact of globalisation and the role of multinational corporations, including their consequences for the fate of workers' rights under existing national systems of employment relations (ER) regulation. This Handbook is unique in taking an explicitly comparative approach by discussing ER developments through a series of paired country comparisons. These chapters include a wide selection of countries from all regions, looking beyond those that are frequently discussed. The expert contributors also examine comparative issues from a range of perspectives, including industrial and employment relations, political economy, comparative politics, and cross-cultural studies. These impressive features make this important reference tool the most comprehensive of its kind. Academics and students in final-year undergraduate and postgraduate courses interested in employment relations will find this compendium enriching and insightful.
