Posting Of Workers And Collective Labour Law

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Posting of Workers and Collective Labour Law

Author : Marco Rocca
Publisher : Social Europe
ISBN 13 : 9781780683072
Total Pages : 388 pages
Book Rating : 4.6/5 (83 download)

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Book Synopsis Posting of Workers and Collective Labour Law by : Marco Rocca

Download or read book Posting of Workers and Collective Labour Law written by Marco Rocca and published by Social Europe. This book was released on 2015 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the complicated relationship between the EU legal framework for posting of workers and collective labor law. It examines this topic from the perspective of EU law and of international labor law. In doing so, the book builds upon a solid interdisciplinary foundation, which looks at sociological and economic aspects of the posting phenomenon, also taking into account issues related to industrial relations. However, the immediate focus is on the creation and evolution of the said EU legal framework. Hence, the book provides an in-depth analysis of the drafting process of the Posting of Workers Directive (96/71), as well as an exhaustive examination of the case law of the Court of Justice of the EU dealing with posting of workers. This evolving legal framework is subsequently considered in its broader context, with two tensions identified. On the one hand, the book investigates the growing conflict between the EU framework for posting of workers and the international protection of social rights. It argues that, with regards to the relationship at stake, the EU is presently violating the standards set by the Council of Europe and by the International Labor Organization. On the other hand, the book critically considers the impact of the trend towards decentralization of collective bargaining on the application of collective agreements to posted workers. In particular, it analyzes the so-called "New Economic Governance" of the EU, and its role in fostering such a trend. The book outlines the far-reaching implications of the lack of coherence between the action of the EU institutions involved in the "New Economic Governance" and the case law of the Court of Justice dealing with posting of workers. (Series: Social Europe - Vol. 33) [Subject: European Law, Labor Law, International Law, Comparative Law]

Basic Guide to the National Labor Relations Act

Author : United States. National Labor Relations Board. Office of the General Counsel
Publisher : U.S. Government Printing Office
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Basic Guide to the National Labor Relations Act by : United States. National Labor Relations Board. Office of the General Counsel

Download or read book Basic Guide to the National Labor Relations Act written by United States. National Labor Relations Board. Office of the General Counsel and published by U.S. Government Printing Office. This book was released on 1997 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

United States Code

Author : United States
Publisher :
ISBN 13 :
Total Pages : 1722 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis United States Code by : United States

Download or read book United States Code written by United States and published by . This book was released on 2001 with total page 1722 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Collective Agreements

Author : Susan Hayter
Publisher :
ISBN 13 : 9789221316091
Total Pages : 0 pages
Book Rating : 4.3/5 (16 download)

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Book Synopsis Collective Agreements by : Susan Hayter

Download or read book Collective Agreements written by Susan Hayter and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective bargaining involves a process of negotiation between one or more unions and an employer or employers' organisation(s). The outcome is a collective agreement that defines terms of employment - typically wages, working hours and in-work benefits. The agreement affords labour protection: minimum wages, regular earnings; limits on working hours and predictable work schedules; safe working environments; parental leave and sick leave; and a fair share in the benefits of increased productivity. The International Labour Organization (ILO) Collective Agreements Recommendation 1951 (No. 91) considers, where appropriate and having regard to national practice, that measures should be taken to extend the application of all or some provisions of a collective agreement to all employers and workers included wthin the domain of the agreement. The extension of a collective agreement generalises the terms and conditions of employment, agreed between organised firms and workers, represented through their association(s) and union(s), to the non-organised firms within a sector, occupation or territory. The collection of chapters in this volume are about the extension of collective agreements as an act of public policy.

Game Changers in Labour Law

Author : Frank Hendrickx
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041199543
Total Pages : 283 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 283 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.

The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century

Author : Richard Bales
Publisher : Cambridge University Press
ISBN 13 : 1108428835
Total Pages : 435 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century by : Richard Bales

Download or read book The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century written by Richard Bales and published by Cambridge University Press. This book was released on 2019-12-05 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.

Posted Work in the European Union

Author : Jens Arnholtz
Publisher : Routledge
ISBN 13 : 9780367142711
Total Pages : 0 pages
Book Rating : 4.1/5 (427 download)

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Book Synopsis Posted Work in the European Union by : Jens Arnholtz

Download or read book Posted Work in the European Union written by Jens Arnholtz and published by Routledge. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how posting is changing industrial relations systems in several European countries from a variety of disciplinary perspectives. It looks at how opportunities to set up shell-companies and engage in unregulated transnational recruitment made a Europe-wide industry out of avoiding regulation and cheating workers.

Labor-Management Reporting and Disclosure Act of 1959, as Amended

Author :
Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis Labor-Management Reporting and Disclosure Act of 1959, as Amended by :

Download or read book Labor-Management Reporting and Disclosure Act of 1959, as Amended written by and published by . This book was released on 1999 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Posting of Workers in EU Law

Author : Matteo Bottero
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403528648
Total Pages : 547 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Posting of Workers in EU Law by : Matteo Bottero

Download or read book Posting of Workers in EU Law written by Matteo Bottero and published by Kluwer Law International B.V.. This book was released on 2020-12-11 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.

The Labor-Management Reporting and Disclosure Act of 1959

Author : United States. Congress. House. Committee on Education and Labor
Publisher :
ISBN 13 :
Total Pages : 128 pages
Book Rating : 4.M/5 ( download)

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Book Synopsis The Labor-Management Reporting and Disclosure Act of 1959 by : United States. Congress. House. Committee on Education and Labor

Download or read book The Labor-Management Reporting and Disclosure Act of 1959 written by United States. Congress. House. Committee on Education and Labor and published by . This book was released on 1959 with total page 128 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Freedom of Association and Collective Bargaining

Author : International Labour Office. Committee of Experts on the Application of Conventions and Recommendations
Publisher : International Labour Organization
ISBN 13 : 9789221089476
Total Pages : 180 pages
Book Rating : 4.0/5 (894 download)

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Book Synopsis Freedom of Association and Collective Bargaining by : International Labour Office. Committee of Experts on the Application of Conventions and Recommendations

Download or read book Freedom of Association and Collective Bargaining written by International Labour Office. Committee of Experts on the Application of Conventions and Recommendations and published by International Labour Organization. This book was released on 1994 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Concept of the Employer

Author : Jeremias Prassl
Publisher : Oxford University Press, USA
ISBN 13 : 0198735537
Total Pages : 289 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Concept of the Employer by : Jeremias Prassl

Download or read book The Concept of the Employer written by Jeremias Prassl and published by Oxford University Press, USA. This book was released on 2015 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The concept of the employer has been surprisingly ignored in employment and corporate law, leaving protective norms unable to grapple with modern work arrangements. This book scrutinises the received concept of a unitary employer providing a functional reconceptualization as a framework for future arguments and coherent judicial decision-making.

Exceptions from EU Free Movement Law

Author : Panos Koutrakos
Publisher : Bloomsbury Publishing
ISBN 13 : 1509900357
Total Pages : 366 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Exceptions from EU Free Movement Law by : Panos Koutrakos

Download or read book Exceptions from EU Free Movement Law written by Panos Koutrakos and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality; – to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.

Procedural Autonomy Across Europe

Author : Bart Krans
Publisher :
ISBN 13 : 9781780689067
Total Pages : 0 pages
Book Rating : 4.6/5 (89 download)

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Book Synopsis Procedural Autonomy Across Europe by : Bart Krans

Download or read book Procedural Autonomy Across Europe written by Bart Krans and published by . This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the concept of procedural autonomy of Member States in the light of EU law. Does procedural autonomy still adequately describe the powers of national lawmakers and courts to design their civil procedural systems or is it misleading? For the last few decades, Europe has been in a period of increasing Europeanisation of civil procedure. Increased powers of the EU have resulted in hard law, case law and soft law that regulate many types of domestic and cross-border civil cases. These rules have both direct and indirect implications for national procedural law.Gaining insights from selected European jurisdictions (Belgium, England and Wales, Finland, Germany, The Netherlands, Norway, Poland, Slovenia, Spain, and Sweden), this book explores the concept of procedural autonomy from different angles: Is procedural autonomy an adequate term? How is procedural autonomy understood nationally, and is there variation among the Member States? Do some types of EU law or specific characteristics of EU civil procedural law restrain procedural autonomy more than other? How can these differences be explained and is it possible to identify the sources causing such discrepancies?Procedural Autonomy across Europe is a stimulating discussion for lawyers with an interest in civil procedure.

Law, Precarious Labour and Posted Workers

Author : Marta Lasek-Markey
Publisher : Taylor & Francis
ISBN 13 : 1000874966
Total Pages : 189 pages
Book Rating : 4.0/5 (8 download)

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Book Synopsis Law, Precarious Labour and Posted Workers by : Marta Lasek-Markey

Download or read book Law, Precarious Labour and Posted Workers written by Marta Lasek-Markey and published by Taylor & Francis. This book was released on 2023-05-05 with total page 189 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the role of law in regulating and influencing the lived experiences of posted workers in Europe. The ‘posting’ of workers is an unusual type of labour mobility, where workers are hired out to provide a specific service in another country. Although it involves a specialised area of law, it is one that serves as a magnifying glass for the long-standing tension between the economic and social dimensions of law’s regulatory role. As an atypical form of labour migration, posting also touches upon broader themes concerning the role and purpose of labour law in a changing world of work. Taking up these themes through interviews with posted workers, lawyers and employers, the book adopts a sociolegal approach to consider how the law shapes the precarious lived experiences of posted workers in Europe. Giving voice to those with first-hand experience, the book goes on to propose solutions that might address the precarity of posted work. This book will be of interest to scholars, researchers and practitioners working in the areas of labour law, sociolegal studies, EU law, and migration.

European Labour Law and the EU Charter of Fundamental Rights

Author : Brian Bercusson
Publisher : Nomos Verlagsgesellschaft
ISBN 13 : 9783832921088
Total Pages : 0 pages
Book Rating : 4.9/5 (21 download)

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Book Synopsis European Labour Law and the EU Charter of Fundamental Rights by : Brian Bercusson

Download or read book European Labour Law and the EU Charter of Fundamental Rights written by Brian Bercusson and published by Nomos Verlagsgesellschaft. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.

Constitutionalisation of Children's Rights

Author : Julia Sloth-Nielsen
Publisher : Intersentia
ISBN 13 : 9781780689678
Total Pages : 321 pages
Book Rating : 4.6/5 (896 download)

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Book Synopsis Constitutionalisation of Children's Rights by : Julia Sloth-Nielsen

Download or read book Constitutionalisation of Children's Rights written by Julia Sloth-Nielsen and published by Intersentia. This book was released on 2020-12-31 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book looks at the domestication of children?s rights through the means of constitutionalisation. Landmark judgments from constitutional courts from across the globe have risen to prominence; for example, the constitutional courts of Indonesia and Zimbabwe outlawing child marriage and the constitutional court of Columbia on the assignment of a gender to an intersex born child, to name a few. Further, the CRC Committee continues to recommend State parties to consider enshrining children?s legal rights at the apex level of law, and there is some interest in, for instance, Germany, in pursuing such an approach. 00An explicit reference to children?s rights in national constitutions may prevail in cases of conflict and it can provide binding standards for legislative, policy, and regulatory measures. Since the adoption of the CRC thirty years ago, a growing body of jurisprudence in domestic courts has served to illuminate the corresponding challenges and limitations.00Constitutionalised, children?s rights become an important frame of reference for the formulation and implementation of legislation and strengthen children?s standing before the courts. However, many leading constitutional developments remain inaccessible due to language barriers. 'Constitutionalisation of Children?s Rights' is a first effort to make developments and case law more accessible.