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La Proportionnalite En Droit Du Travail
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Author : Publisher :Editions Bréal ISBN 13 :2749523117 Total Pages :291 pages Book Rating :4.7/5 (495 download)
Download or read book written by and published by Editions Bréal. This book was released on with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Public Law/Private Law Divide by : Mark R Freedland
Download or read book The Public Law/Private Law Divide written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2006-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".
Book Synopsis La proportionnalité en droit du travail by : Isabelle Cornesse
Download or read book La proportionnalité en droit du travail written by Isabelle Cornesse and published by . This book was released on 2001 with total page 567 pages. Available in PDF, EPUB and Kindle. Book excerpt: Née d'une réflexion sur la place des droits et libertés fondamentaux dans l'entreprise, la proportionnalité devient l'une des notions-clés du droit du travail. Elle traduit la volonté de faire de la relation de travail une relation équilibrée qui concilie les nécessités du bon fonctionnement de l'entreprise et la protection des droits de la personne et des libertés individuelles et collectives des salariés. La proportionnalité se situe dans le prolongement de la reconnaissance de l'intérêt de l'entreprise. Elle conduit à faire de ce dernier l'instrument de mesure des décisions du chef d'entreprise. La proportionnalité trouve dans la reconnaissance d'une finalité à respecter son domaine de prédilection. Toutefois, il ne faut pas négliger les dangers d'un développement démesuré de l'exigence de proportionnalité. Celle-ci se présente en effet comme un instrument susceptible de s'adapter à n'importe quel conflit d'intérêts. Ainsi la jurisprudence révèle des manifestations de la proportionnalité dans le cadre du contrôle de l'exercice des droits et libertés fondamentaux ou du contrôle de légitimité du but recherché par le chef d'entreprise. Le problème de la proportionnalité n'est pas celui de son caractère techniquement adopté mais celui des limites que l'on désire ou non lui donner. Ce n'est pas tant la recherche de conciliation qui suppose d'être limitée que les pouvoirs du juge qui sont considérablement accrus dans le cadre du contrôle de sa proportionnalité. Les termes du rapport doivent être précisés, le degré de mesure exigé doit être adopté à chaque situation. Précisée, limitée, il ne faut pas surestimer le potentiel subversif de la notion qui repose sur avant tout sur le respect de l'autre. L'opposition des intérêts en droit du travail offre à la notion un vaste champ d'application. Elle traduit la volonté désormais de raisonner en termes de compromis, de conciliation. L'évolution est en cours.
Book Synopsis International Labour Law by : Jean-Michel Servais
Download or read book International Labour Law written by Jean-Michel Servais and published by Kluwer Law International B.V.. This book was released on 2017-04-24 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: • the relationship between international labour law and economic competition • standards on industrial relations • collective bargaining and dispute settlement procedures • protection of trade unions • prohibitions on enforced and child labour • promotion of equal opportunity and treatment • time and rest provisions • wage determination and protection • occupational health and safety provisions • special issues on non-standard forms of employment • foreign and migrant workers • social security provisions • privacy protection The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book's combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers ́ organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This fifth edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.
Book Synopsis Ordre Juridique International by : Georges Abi-Saab
Download or read book Ordre Juridique International written by Georges Abi-Saab and published by Martinus Nijhoff Publishers. This book was released on 2001-03-16 with total page 872 pages. Available in PDF, EPUB and Kindle. Book excerpt: Georges Abi-Saab began his writing and teaching at a time when the process of decolonization, and thereafter the quest for emancipation, began to make its far-reaching impact on the international scene, producing significant changes in the international environment, both quantitatively in increasing the number of nation-States and qualitatively in changing patterns of interests and claims. This was bound to result in new pressures on the international legal system itself and in a questioning of the traditional Eurocentric content of international law. In his work and teaching Professor Abi-Saab viewed the dynamics of international law as a function of two driving forces: the emergence of the third world and the sense of injustice. In his view, the first driving force - the emergence of the third world - raised the problem of exclusion: exclusion from participation in the elaboration of international law and the decision-making process, and exclusion as beneficiaries of the resulting rules of international law. At the same time, this new force introduced diversity into the international scene, reflecting the richness of the international community in its different facets. This process remains relevant today, reflecting the contemporary problem of exclusion of new actors as well as their quest for participation. The second driving force - the sense of injustice - posed a teleological problem for him, that of defining community values in order that they capture the different facets of justice, whether formal or distributive. So long as there is no effective organic structure, international law in his view will continue to remain effectiveness-oriented, reflecting rather than impacting on the structures of power. Nevertheless, it is undeniable that there is an on-going process of development of community values and interests; as Georges Abi-Saab wrote with reference to international crimes: 'law, like all social phenomena, is a continuous unfolding, a continuous process of elaboration'. He has also considered that the dynamics of the international legal process itself can be captured from the perspective of international organizations as vehicles for change in the international system. From his early writings, Georges Abi-Saab approached the United Nations Charter as a blueprint - both normative and institutional - for a certain type of international society. International institutions with all their imperfections, continue for him to be the means of realization of the law of cooperation which lies at the heart of his concept of the international system. The themes selected for this volume in honour of Professor Georges Abi-Saab are intended to reflect his unique and pioneering contribution to the field of international law. The contributors are drawn from what he has always considered to be his large 'family' of former students: in his forty years of teaching, Georges Abi-Saab has acted as mentor to generations of students from all over the world who have benefited from his vision, insights, originality and creative and stimulating use of language. The contributors also include colleagues and friends who share a similar vision of the international legal system.
Book Synopsis The Charity Organisation Review by :
Download or read book The Charity Organisation Review written by and published by . This book was released on 1913 with total page 442 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Charity Organisation Review by : Charity Organisation Society (London, England)
Download or read book The Charity Organisation Review written by Charity Organisation Society (London, England) and published by . This book was released on 1913 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Conférence internationale du travail by :
Download or read book Conférence internationale du travail written by and published by . This book was released on 1926 with total page 790 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Trente ans de droit européen des droits de l'homme by : Hanno Hartig
Download or read book Trente ans de droit européen des droits de l'homme written by Hanno Hartig and published by Emile Bruylant. This book was released on 2007 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Collective Bargaining in Labour Law Regimes by : Ulla Liukkunen
Download or read book Collective Bargaining in Labour Law Regimes written by Ulla Liukkunen and published by Springer Nature. This book was released on 2019-10-02 with total page 619 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.
Book Synopsis Actes Du VII-ème Congrès International de Droit Du Travail Et de la Sécurité Sociale by : Maria Matey
Download or read book Actes Du VII-ème Congrès International de Droit Du Travail Et de la Sécurité Sociale written by Maria Matey and published by . This book was released on 1973 with total page 1636 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Judicial Enforcement and Implementation of European Union Law by : Ami Barav
Download or read book Judicial Enforcement and Implementation of European Union Law written by Ami Barav and published by Bruylant. This book was released on 2017-11-08 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: The potency of the law in fostering the process of gradual European integration is easily discernable and widely acknowledged. It is largely and conspicuously revealed by the litigation before the courts of, both, the European Union and its Member States. The concern faithfully to give the European treaty the authentic meaning and scope as intended by its authors permeates the European courts’ judgments, and the constant theme of the entitlement of those vested with rights conferred by the law of the European Union to effective judicial protection is omnipresent in their decisions. The law of European integration has been uncharted territory. The novelty of various issues which have arisen and on which the courts have had to pronounce springs from the originality of the integration venture and is commensurate with its uniqueness, distinctive nature and specific exigencies. The writings here assembled allow to trace the starting point since the inceptive formative years of the growth of a legal doctrine and an evolving jurisprudential edifice in several areas, to appraise their direction and constancy and to assay adjustments and adaptations.
Book Synopsis La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International by : Marcelo Gustavo Kohen
Download or read book La Promotion de la Justice, Des Droits de L'homme Et Du Règlement Des Conflits Par Le Droit International written by Marcelo Gustavo Kohen and published by Martinus Nijhoff Publishers. This book was released on 2007 with total page 1275 pages. Available in PDF, EPUB and Kindle. Book excerpt: This "Liber Amicorum" is published at the occasion of Judge Lucius Caflisch's retirement from a distinguished teaching career at the Graduate Institute of International Studies of Geneva, where he served as Professor of International Law for more than three decades, and where he has also held the position of Director. It was written by his colleagues and friends, from the European Court of Human Rights, from universities all around the world, from the Swiss Foreign Affairs Ministry and many other national and international institutions. The "Liber Amicorum Lucius Caflisch" covers different fields in which Judge Caflisch has excelled in his various capacities, as scholar, representative of Switzerland in international conferences, legal adviser of the Swiss Foreign Affairs Ministry, counsel, registrar, arbitrator and judge. This collective work is divided into three main sections. The first section examines questions concerning human rights and international humanitarian law. The second section is devoted to the international law of spaces, including matters regarding the law of the sea, international waterways, Antarctica, and boundary and territorial issues. The third section addresses issues related to the peaceful settlement of disputes, both generally and with regard to any particular means of settlement. The contributions are in both English and French.
Download or read book Les cahiers de droit written by and published by . This book was released on 1972 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: Revue des étudiants en droit de l'Université Laval.
Book Synopsis A Comparison of English and French Law and Legal Procedure by :
Download or read book A Comparison of English and French Law and Legal Procedure written by and published by . This book was released on 1947 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Les Principes Sociologiques Du Droit Public by : Raoul de La Grasserie
Download or read book Les Principes Sociologiques Du Droit Public written by Raoul de La Grasserie and published by . This book was released on 1911 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Catalogue des thèses reproduites by : Atelier national de reproduction des thèses de Lille
Download or read book Catalogue des thèses reproduites written by Atelier national de reproduction des thèses de Lille and published by . This book was released on 2001 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: