Emerging Patterns Of Work And Turkish Labour Market Challenges Under Globalization

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Emerging Patterns of Work and Turkish Labour Market Challenges Under Globalization

Author : Roger Blanpain
Publisher : Kluwer Law International
ISBN 13 : 9789041149831
Total Pages : 0 pages
Book Rating : 4.1/5 (498 download)

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Book Synopsis Emerging Patterns of Work and Turkish Labour Market Challenges Under Globalization by : Roger Blanpain

Download or read book Emerging Patterns of Work and Turkish Labour Market Challenges Under Globalization written by Roger Blanpain and published by Kluwer Law International. This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Current Issues that Challenge the Future of Labour Unionism in Turkey / Umut Omay 225 A. Formation of a Working Class with Lack of Class Consciousness and Changing Work Demographics / Umut Omay 226 B.A Relatively Young Working Class, and Immature Tradition of Unionism / Umut Omay 229 C. Inappropriate Economical and Political Conditions, and Changing Work Environment / Umut Omay 231 10.08. Conclusion: Is there a Future for Turkish Labour Unionism? / Umut Omay 233 Part V Workplace Issues / Umut Omay 239 ch. 11 Female Employment in Turkey / Umut Omay 241 11.01. Introduction / Senem Çakmak-Sahin 241 11.02. Female Employment in Turkey from the Founding of the Republic to the 1960's / Senem Çakmak-Sahin 242 11.03. Female Employment in the Periods of Import-Substituting Industrialization and Export-Led Industrialization / Senem Çakmak-Sahin 245 11.04. Female Employment in the Early 2000's / Senem Çakmak-Sahin 251 11.05. Policies to Increase Women Employment / Senem Çakmak-Sahin 255 11.06. Conclusion / Senem Çakmak-Sahin 259 ch. 12 Discrimination against Women's Employment: An Overview from Turkey / Senem Çakmak-Sahin 263 12.01. Introduction / Gaye Özçelik 263 12.02. The Concept of Discrimination and Discrimination by Gender / Gaye Özçelik 264 12.03. Turkish Economy and Labour Market / Gaye Özçelik 265 A. Legislative Framework Regulating Gender Policy in Turkey / Gaye Özçelik 268 12.04. The Composition of Women's Employment in Turkey / Gaye Özçelik 270 12.05. Discriminatory Practices against Women at Work / Gaye Özçelik 273 A. Discrimination in Recruitment and Selection / Gaye Özçelik 273 B. Discrimination in Promotional Advancement / Gaye Özçelik 274 C. Discrimination in Remuneration / Gaye Özçelik 276 12.06. Conclusion / Gaye Özçelik 279 ch. 13 Dealing with Destructive Workplace Behaviour: An Overview of Mobbing in Turkish Organizations / Gaye Özçelik 285 13.01. Introduction / Ahmet Hakan Yüksel 285 13.02. Mobbing: Defining the Plague / Ahmet Hakan Yüksel 287 13.03. Antecedents of Mobbing / Ahmet Hakan Yüksel 291 13.04. Consequences of Mobbing / Ahmet Hakan Yüksel 299 13.05. Overview of the Matter and Relevant Legal Infrastructure in Turkey / Ahmet Hakan Yüksel 301 13.06. Conclusion / Ahmet Hakan Yüksel 304.

Flexibilisation and Modernisation of the Turkish Labour Market

Author : Roger Blanpain
Publisher : Kluwer Law International B.V.
ISBN 13 : 904112490X
Total Pages : 218 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Flexibilisation and Modernisation of the Turkish Labour Market by : Roger Blanpain

Download or read book Flexibilisation and Modernisation of the Turkish Labour Market written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: The creation of dynamic and flexible labour markets increasing flexibility by removing existing rigidities is widely seen as contributing to economic growth. Expectations from flexibility centre on the creation of employment and thus reducing unemployment, increasing the adaptability of enterprises, social inclusion of marginal groups on the labour market (particularly women and young first entrants), and combating undeclared work. Since the acquis communautaire includes instruments on flexible work, Turkey, while preparing itself for accession to the EU, has to take measures to increase flexibility. Moreover, flexibilisation contributes to modernisation of the Turkish labour market, as it has to increase the participation of women in work and it has to reduce the huge informal labour market. The studies and proposals underlying this book were initiated within the framework of the Matra Pre-accession Projects Programme of the Netherlands Ministry of Foreign Affairs. So many valuable information came to light in the course of the project that this revised and updated version of the reports is now presented to a wider audience. Its keen insights, applicable both in general and specifically to Turkey, shed light on such vital employment issues as the following: A general introduction to key actors in the Turkish labour market; models of linking security with flexibility; relation between the formal and informal labour markets; industrial relations and collective bargaining; reciprocal rights and duties of worker and employer; the application of existing labour legislation; protection of flexible workers in social security. In their analysis of the Turkish case the authors explore the role of the Ministry of Labour and Social Security and its affiliated institutions: the Social Security Institution (Sosyal G?venlik Kurumu) and Is-Kur (which has evolved from the former Public Employment Services Organisation BK); the consistency of the flexibliity clauses of the new Turkish Labour Act with the acquis; and Turkish solutions as compared with those of EU Member States. Although it focuses on Turkey and will be of particular interest to practitioners and scholars concerned with EU and Turkish law, the factual and descriptive analysis of labour flexibilisation that the study provides complete with various detailed models of flexibilisation will be of great value in assessing the state of employment law in any country experiencing the economic pressure of the current transitional period in worklife realities.

Moving for Prosperity: Global Migration and Labor Markets

Author : The World Bank
Publisher : World Bank Publications
ISBN 13 : 1464812829
Total Pages : pages
Book Rating : 4.4/5 (648 download)

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Book Synopsis Moving for Prosperity: Global Migration and Labor Markets by : The World Bank

Download or read book Moving for Prosperity: Global Migration and Labor Markets written by The World Bank and published by World Bank Publications. This book was released on with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

New Forms of Employment in Europe

Author : Roger Blanpain
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041162410
Total Pages : 418 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis New Forms of Employment in Europe by : Roger Blanpain

Download or read book New Forms of Employment in Europe written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2016-11-30 with total page 418 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 'full-time job' is no longer an option for many people seeking employment. It has been replaced by an ever-expanding plethora of 'atypical' employment relationships designed by employers to streamline their operations and/or take advantage of information communications technology. Numerous labour law issues arise, demanding urgent attention. How should law and policy best address these challenges? This incomparable and timely book explores this contentious topic in depth, presenting ten penetrating essays on aspects of the topic by leading European authorities followed by reports on new forms of employment in thirty-five European countries Full-scale analysis of new forms of employment, their characteristics, and their effects on working conditions and the labour market includes such issues as the following: - employment relationships with more than one employer; - discontinuous and/or intermittent work; - work based on networking arrangements; - labour pooling; - crowdworking and crowsourcing; - lack of worker representation; - rights for vulnerable migrant workers; - removal of wage and hours threshold; - false self-employment; - non-payment of 'small' amounts (e.g., holiday pay); - portage salarial; - voucher-based work; - ICT-based mobile work; - organizations offering specific administrative services; - need for safety nets for workers; and - existing and potential monitoring and control mechanisms. Relevant EU Directives and national legal frameworks regarding new forms of employment are fully discussed, with an emphasis on recent trends and proposed solutions. This volume raises awareness of the problems generated by new emerging forms of employment and provides some answers and insights, including lessons to be learned from current developments. In particular, the authors' bringing to light of issues that have not been sufficiently addressed so far under European law will be welcomed by labour law practitioners, company legal counsel, human resources professionals, and academics in the field.

Transformations of Work: Challenges for the Institutions and Social Actors

Author : Giuseppe Casale
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403508949
Total Pages : 386 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Transformations of Work: Challenges for the Institutions and Social Actors by : Giuseppe Casale

Download or read book Transformations of Work: Challenges for the Institutions and Social Actors written by Giuseppe Casale and published by Kluwer Law International B.V.. This book was released on 2019-02-15 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: Market volatility and uncertainty have put welfare and social security policies back centre stage and point up the need for closer links with employment policy. The inability of existing income support systems to respond to the increasing fragmentation of people's working careers, the needs of people in difficulty, and the spread of various forms of poverty calls for well-coordinated and efficient responses. This volume highlights the best practices in the various regions of the world in the contexts of international and EU labour law, industrial relations, and social security. Authoritative reports by leading scholars of labour law and social security – originally presented at the twenty-second World Congress of the International Society for Labour and Social Security Law (ISLSSL) held in Turin in September 2018 – cover the following research themes in depth: – informal workers; – migrant workers; – global trade and labour; – organization, productivity, and well-being at work; – transnational collective agreements; – new forms of social security; and – the role of the State and industrial relations. In its insistence that, despite the radical changes in the world of work and business brought about by globalization and digital technologies, the decisions of institutions and public and private actors can lead to a more coherent system of international economic and social governance, this timely volume shows the way forward. Practitioners, policymakers, and scholars in the relevant fields will bene_ t immeasurably from its expert analyses and recommendations.

Neoliberalism and the Changing Face of Unionism

Author : Efe Can Gürcan
Publisher : Springer
ISBN 13 : 331948284X
Total Pages : 164 pages
Book Rating : 4.3/5 (194 download)

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Book Synopsis Neoliberalism and the Changing Face of Unionism by : Efe Can Gürcan

Download or read book Neoliberalism and the Changing Face of Unionism written by Efe Can Gürcan and published by Springer. This book was released on 2017-01-21 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a political, economic, and sociological investigation of how neoliberalism shapes ‘working class capacities,’ or the power of the working class to organize and struggle for its collective interests. Efe Can Gürcan and Berk Mete discuss the global importance of the labor question as it pertains to Turkey. They apply the main theoretical framework of the combined and uneven development of class capacities to Turkish trade unionism. They also address Turkey’s recent history of neoliberalization and its repercussions for class capacities, as mediated by national regulations, conservative unionism, and Islamic social assistance networks. Finally, the authors explore how neoliberalism generates intra-class fragmentation through public regulatory mechanisms and cultural differentiation in the sphere of social unionism.

In-Work Poverty in Europe

Author : Luca Ratti
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403549971
Total Pages : 343 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis In-Work Poverty in Europe by : Luca Ratti

Download or read book In-Work Poverty in Europe written by Luca Ratti and published by Kluwer Law International B.V.. This book was released on 2022-07-06 with total page 343 pages. Available in PDF, EPUB and Kindle. Book excerpt: In-work poverty is a reality for too many persons in the European Union (EU). Although everyone is in agreement that poverty must be reduced, rarely is there a specific focus on the plight of those who, despite working, are poor. This important book is the first to unreservedly meet the challenge of defining, measuring, and comparing the legal regimes to combat in-work poverty in Europe, fully attending to the strengths and shortcomings of indicators and allowing the assessment of comparative best practices among the Member States. The distinguished contributors each describe and analyse this complex and multidimensional phenomenon, with its manifold and intertwined causes, in relation to such factors as the following: employment-related factors (wage, type of contract, atypical employment); worker’s socio-demographic characteristics (level of education, gender, age, country of birth); size and composition of household; household work intensity; and institutional factors (childcare, flexible work arrangements, employment protection, housing, technological change). In a major innovation, the book’s methodology approaches the ‘working poor’ by distinctly defining four groups of vulnerable and under-represented persons (VUPs) with detailed statistical information on in-work poverty in each group. Following an in-depth introduction focusing on the definition and ramifications of the concept of in-work poverty – including a discussion of legal scholarship and relevant EU instruments – the situations in seven EU Member States (Belgium, Germany, Italy, Luxembourg, the Netherlands, Poland, and Sweden) are compared, revealing important variations. For each of the VUP groups, these chapters explain their composition at the national level and assess the impact of regulation on the incidence of in-work poverty. The last chapter highlights differences and similarities in an attempt to find patterns and identify common regulatory problems and best practices. The book’s comparative perspective greatly assists in understanding in-work poverty determinants, appraising varieties of relevant national policies, and stimulating the development of effective legal measures. With its close analysis of the limitations of existing measurement indicators, the book sheds light on the role of regulation in the prevalence and persistence of the phenomenon and equips policymakers at the EU and national levels with targeted tools to tackle this severe social problem.

Employment and Vulnerabilities in the World of Orchestral Musicians: Symphonic Metamorphoses

Author : Heather Kurzbauer
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403527471
Total Pages : 392 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Employment and Vulnerabilities in the World of Orchestral Musicians: Symphonic Metamorphoses by : Heather Kurzbauer

Download or read book Employment and Vulnerabilities in the World of Orchestral Musicians: Symphonic Metamorphoses written by Heather Kurzbauer and published by Kluwer Law International B.V.. This book was released on 2023-10-25 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt: The state subsidies and philanthropy that traditionally allowed orchestras to flourish have greatly diminished in the wake of recent financial crises and the COVID-19 pandemic. As in other fields affected by the precarious labor arrangements prevalent in the world of work today, it is the employees and freelancers—in this case, the musicians themselves—who suffer most. In this deeply knowledgeable and provocative book, a highly acclaimed scholar who combines the roles of law professor, music journalist, and orchestral violinist presents the first major legal study to focus on labor relations and the institutional dynamics at play within orchestras. Drawing on personal interviews with more than 250 orchestral musicians and other stakeholders—whose testimonies and actions often stand in contradiction to narratives provided by cultural economists and government cultural policymakers—the author uncovers the deteriorating welfare of musicians in two countries, the United States and the Netherlands, in which she has considerable practical orchestral experience. The methodology will reverberate with great intensity to musicians worldwide with its novel system of “movements” that focus on different vulnerabilities besetting orchestral players to highlight such issues and topics as: orchestra financing, with a special focus on the nonprofit sector and the changing nature of state subsidies in Europe; the impact of the perception of orchestras as “elitist” and of limited social value; discriminatory practices in auditions and hiring; legal and practical relevance of contemporary questions of employee categorization (regularly employed; self-employed; false self-employed); and how fair practice codes and collective bargaining agreements can be designed, implemented, and enforced. An interdisciplinary approach to a multiplicity of vulnerabilities in the sector, the study incorporates economic, historical and legal research along with a consideration of sociological factors. Case studies—from the EU Court of Justice, the Dutch Supreme Court, the Supreme Court of the United States, and the U.S. National Labor Relations Board—offer practical insight into specific legal issues, including the fundamental question of how musician employees are differentiated from freelancers. Reflecting on the cutbacks and compromises that traumatize orchestral negotiations in today’s musical world, the book not only provides orchestral musicians with a wealth of useful information and suggestions for future action but also adds to the growing body of legal literature on the self-limitations of labor law and the increasing vulnerability of workers. Practitioners in labor and employment law as well as academics in the field will benefit from a powerful analysis of workers’ vulnerabilities in today’s labor market.

The Role of the Court of Justice in EU Labour Law

Author : Silvia Rainone
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403530065
Total Pages : 371 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis The Role of the Court of Justice in EU Labour Law by : Silvia Rainone

Download or read book The Role of the Court of Justice in EU Labour Law written by Silvia Rainone and published by Kluwer Law International B.V.. This book was released on 2023-05-17 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.

American Labor and the Law

Author : Matthew W. Finkin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506555
Total Pages : 160 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis American Labor and the Law by : Matthew W. Finkin

Download or read book American Labor and the Law written by Matthew W. Finkin and published by Kluwer Law International B.V.. This book was released on 2019-01-11 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States and worldwide, the “labor question” has recrudesced. Old issues have resurged, sometimes in altered guise. New issues have emerged. Both test the twentieth century's solutions. This work explores the arc of labor law in the United States up to the changes that have reordered business and employment at the century's turn – the resurgence of old issues in new dress and the emergence of new issues, of which the deployment of technologies – roboticization and computerization – has been the catalyst. It closes on the issues labor law is facing in the twenty-¬first century, including the imponderable of yet a new need to address the de¬finition of citizenship. The author's thorough coverage of the relevant terrain draws on social and legal history, and also on the current wealth of economic studies across the range of such pressing issues as the following: – wages; – precarity of work; – employee representation; – health and safety; – job discrimination; – employee mobility; – privacy; – job displacement; – anti-retaliation; – wrongful dismissal; – accelerating use of automation, robotization, and computerization; – segmentation and polarization of the labor market; – ¬ ssurization of jobs; – labor segmentation and polarization; – union implosion; and – privatization of law. At a critical moment when the various strands of all these issues are becoming intertwined, this hugely informative book elucidates how labor law stands today in the United States, and by extension in many other countries. This book provides a necessary background for comparative engagement with economic change. Because the developments it deals with are global, this is critical reading for policy makers, academics, students, and an enlightened public to put what is happening in larger historical context as seen from the paradigm neoliberal economy and its legal institutions.

Game Changers in Labour Law

Author : Frank Hendrickx
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041199543
Total Pages : 274 pages
Book Rating : 4.0/5 (411 download)

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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.

OECD Employment Outlook 2017

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264274863
Total Pages : 220 pages
Book Rating : 4.2/5 (642 download)

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Book Synopsis OECD Employment Outlook 2017 by : OECD

Download or read book OECD Employment Outlook 2017 written by OECD and published by OECD Publishing. This book was released on 2017-06-13 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 2017 edition of the OECD Employment Outlook reviews recent labour market trends and short-term prospects in OECD countries.

European Board-Level Employee Representation

Author : Jeremy Waddington
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192034
Total Pages : 250 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis European Board-Level Employee Representation by : Jeremy Waddington

Download or read book European Board-Level Employee Representation written by Jeremy Waddington and published by Kluwer Law International B.V.. This book was released on 2018-06-23 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is often assumed that employee representatives exert power at the company board, but it is rarely made explicit how power is exercised and to what effect. This book, the first to assess national differences between board-level employee representatives in their exercise of influence and power, examines coordination among board-level employee representatives, trade unions, representatives from other institutions of labour representation within the company, management and other board members. Drawing on a large-scale survey distributed to board-level employee representatives, eleven expert contributors analyse for seven European countries (Denmark, France, Germany, Hungary, Norway, Slovenia and Sweden) how such issues and topics as the following affect the participation of employee representatives at the board: – capacity of board-level employee representatives to exercise power over long-term strategic corporate decision making; – how changed circumstances impinge on the role of employee representatives; – how coordination of workers’ interests has been established and maintained, if at all; – how board-level employee representatives are selected; – influence of board-level employee representatives on corporate restructuring; – effect of corporate codes of governance; – impact of the establishment of groups of companies; and – protections against dismissal and discrimination of board-level employee representatives. Each country chapter reviews the legislation that underpins board-level employee representation, the timeliness and quality of the information provided, and the capacity of the representatives to apply information made available, with the purpose of establishing whether the legislation tends to constrain or facilitate the exercise of in uence and power. This book takes a giant step towards answering the question of how board-level employee representatives can fulfil their roles in a manner consistent with the intentions of the policymakers who framed the legislation. Moreover, it approaches the possibility of developing pan-European legislation on board-level employee representation that would accommodate national variations. For these reasons, the book will be welcomed by European policymakers concerned with industrial relations or corporate governance, as well as by practitioners and academics in a wide swath of European legal and social studies.

EU Law on Maternity and Other Child-Related Leaves

Author : Miguel De la Corte-Rodríguez
Publisher : Kluwer Law International B.V.
ISBN 13 : 940351454X
Total Pages : 383 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis EU Law on Maternity and Other Child-Related Leaves by : Miguel De la Corte-Rodríguez

Download or read book EU Law on Maternity and Other Child-Related Leaves written by Miguel De la Corte-Rodríguez and published by Kluwer Law International B.V.. This book was released on 2019-09-04 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Notion of Employer in the Era of the Fissured Workplace

Author : Roger Blanpain
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041184716
Total Pages : 264 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Notion of Employer in the Era of the Fissured Workplace by : Roger Blanpain

Download or read book The Notion of Employer in the Era of the Fissured Workplace written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2017-01-15 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The word 'fissured' aptly describes the effect on the workplace of the enormous retreat from direct employment on the part of large enterprises that began several decades ago and shows no sign of slowing down. Market-leading companies, even though they continue to wield considerable influence on the fate of actual workers, may thus be relieved of legal responsibility as employers. How extensive is this phenomenon? Do recourses exist in labour law? What ongoing trends can be discerned? This groundbreaking book tackles these questions and more, with thoroughly researched reports from ten of the world's leading market-driven economies - Australia, China, France, Germany, Japan, the Republic of Korea, Spain, Taiwan, the United Kingdom, and the United States. Recognizing that law should squarely grasp and tackle this new reality, the authors consider such questions as the following: - How far can current labour law go in determining the responsibility of persons who have no direct contractual relationship with the workers? - Do other measures such as soft law or reputation mechanisms in the market deal with the undesirable consequences of the fissurization more properly? - What managerial motives and socioeconomic backgrounds give rise to such fissurization? - What distinct phenomena compose fissuring? - Are measures available to protect workers that go beyond the boundary of the legal entity (e.g., initiatives toward piercing the corporate veil)? Each contributor describes, for his or her country, how far the fragmentation and externalization of employment has gone, current legislation protecting workers in a multilayered contractual relationship or indirect employment relationship (e.g., on health and safety, wages, bargaining, dismissal), and emerging developments and trends. This book ably responds to the question posed by a recent study: Why has work became so bad for so many and what can be done to improve it? Although concerned scholars worldwide will rally to the call, the reports in this volume will also be of great practical value to business persons and labour and employment lawyers everywhere.

Labor and Employment Relations in a Globalized World

Author : Toker Dereli
Publisher :
ISBN 13 : 9783319043500
Total Pages : 308 pages
Book Rating : 4.0/5 (435 download)

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Book Synopsis Labor and Employment Relations in a Globalized World by : Toker Dereli

Download or read book Labor and Employment Relations in a Globalized World written by Toker Dereli and published by . This book was released on 2014-05-31 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Improving Workplace Quality

Author : William Bromwich
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186441
Total Pages : 290 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Improving Workplace Quality by : William Bromwich

Download or read book Improving Workplace Quality written by William Bromwich and published by Kluwer Law International B.V.. This book was released on 2017-05-01 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: A consensus has developed in workplace studies around the concept of ‘well-being at work’ in an awareness that such apparently distinct aspects as health and safety, discrimination, labour market integration, and work-life balance converge in the workplace and are best treated as one complex phenomenon. This important book offers twelve contributions by distinguished international scholars from a range of disciplinary domains, providing an in-depth analysis of ongoing changes in the world of work and their impact on personal well-being. The contributors place specific workplace experiences in a comparative perspective, examining policy and regulatory initiatives and judicial rulings at national, regional, and international levels. The case studies are drawn from Italy, France, the United States, Russia, and developing countries. The essays examine recent legal developments in such topical issues as: – atypical and non-standard work; – child-care leave; – company-level welfare provisions; – disability; – harassment; – low-wage workers and employment benefits; – misperception discrimination; – public policy in care services; – unemployment and mental health; and – work/family conciliation policies. Providing a detailed overview of recent developments in policy and jurisprudence in a comparative perspective regarding discrimination, work-life balance, and workers’ integration into the labour market – as well as a guide to best practices in promoting well-being at work – this book will prove indispensable to labour and employment law practitioners, as well as to work organization, occupational medicine, mental health, and human resources professionals.