Protecting Labour Rights In A Multi Polar Supply Chain And Mobile Global Economy

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Protecting Labour Rights in a Multi-polar Supply Chain and Mobile Global Economy

Author : Laura Beke
Publisher : Kluwer Law International
ISBN 13 : 9789041156624
Total Pages : 0 pages
Book Rating : 4.1/5 (566 download)

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Book Synopsis Protecting Labour Rights in a Multi-polar Supply Chain and Mobile Global Economy by : Laura Beke

Download or read book Protecting Labour Rights in a Multi-polar Supply Chain and Mobile Global Economy written by Laura Beke and published by Kluwer Law International. This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Owing to a marked decline in global transaction costs, firms increasingly outsource the various production lines within their production process to different parts of the world. In doing so, firms are not only able to introduce more flexibility into their production chain, but may also operate on a more cost-effective basis. As a result, both the production of goods and the provision of services have increasingly been geared towards a supply-chained global economy, in which firms and workers from different parts of the world are interconnected with one another through a multitude of supply- or value chains. At the same time, however, firms have also inadvertently contributed to an increasingly fragmented production process, with notable impacts on the working conditions of those involved in the more labour-intensive mechanics of the supply chain. Notwithstanding the existence of a significant international apparatus to foster labour rights in the global economy, enforcement gaps remain and labour rights violations continue to be endemic in many parts of the world.

Labour Law and Social Protection in a Globalized World

Author : Jan Pichrt
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403500948
Total Pages : 409 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Labour Law and Social Protection in a Globalized World by : Jan Pichrt

Download or read book Labour Law and Social Protection in a Globalized World written by Jan Pichrt and published by Kluwer Law International B.V.. This book was released on 2018-09-07 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of jobs and labour law standards achieved by employees in the past has been under pressure from neoliberalization forces for many years. The focused perspectives evident in this original collection of essays go a long way toward clearly de? ning where labour law and social security law must set their sights in order to preserve fair and productive employer-employee relations in the new world of work. Distinguished researchers study the changing realities confronting the labour market, in public policy as well as in industrial relations. Issues and topics include the following: – integration of immigrants into industrial relations; – the social situation of migrant workers; – new phenomena brought by the digital age; – temporary agency work; – harmonizing family and working lives; – sport and labour law; – the role of European Works Councils; and – social and labour reforms. Throughout this book, the contributors emphasize the changing role of the state and reform agendas. Although the central focus is on Europe, there is an abundance of comparative detail, allowing for global application. As a matchless, up-to-date overview and analysis of how new and emerging forms of employment and industrial relations impact employee security, this book will be warmly welcomed by practitioners, academics, and policymakers concerned with ensuring the persistence of fair and viable standards in labour and social security law.

Global Trade, Labour Rights and International Law

Author : Aneta Tyc
Publisher : Routledge
ISBN 13 : 1000395928
Total Pages : 171 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Global Trade, Labour Rights and International Law by : Aneta Tyc

Download or read book Global Trade, Labour Rights and International Law written by Aneta Tyc and published by Routledge. This book was released on 2021-06-21 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its existence, the World Trade Organization (WTO) and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of corporate social responsibility (CSR) instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the United States–Mexico–Canada Agreement (USMCA) can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs and a rise in wages. The book will be essential reading for academics and students in the fields of human rights law, international labour law, industrial relations law, international sustainable development law, international economic law and international trade law. It will also be of interest to practitioners, non-government organisations (NGOs) and policy makers.

International Labour Standards and Platform Work

Author : Mathias Wouters
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403540419
Total Pages : 585 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis International Labour Standards and Platform Work by : Mathias Wouters

Download or read book International Labour Standards and Platform Work written by Mathias Wouters and published by Kluwer Law International B.V.. This book was released on 2021-11-25 with total page 585 pages. Available in PDF, EPUB and Kindle. Book excerpt: Platform work – the matching of the supply of and demand for paid labour through an online platform – often depends on workers who operate in a “grey area” between the archetype of an employee and a self-employed worker. This important book explores the utility of the International Labour Organization’s existing standards in governing this phenomenon. It indicates that despite their relevance, many standards have little or no impact. The standards apply to the issue but they fail to connect with it. The author shows how three ILO conventions – the Home Work Convention, 1996 (No. 177), the Private Employment Agencies Convention, 1997 (No. 181), and the Domestic Workers Convention, 2011 (No. 189) – can be revitalised to have an impact on the platform work debate. In the course of the analysis he responds in depth to such questions as the following: What are digital labour platforms? What does decent work mean? Did the ILO centenary fundamentally change anything? What is the link between private employment services and platform work? How do crowdworkers relate to homeworkers and teleworkers? Are platform workers engaged in domestic work? What form could a future ILO standard on platform work take? Given that the ILO plans to start discussions on a potential future standard for platform work in 2022, this book will prove very useful in highlighting the issues and standards that such discussions should consider. Research has shown that the techniques and tools of the platform economy have spread far beyond gig work, resulting in widespread “gigification” and restructuring of workplace behaviours and relationships, jobs, and communities across the world. For this and other reasons, including the book’s detailed analysis of issues not addressed elsewhere, labour lawyers, in-house counsel, researchers, and policymakers will gain valuable insight into what decent work in the platform economy would require, thus greatly broadening the discussion on this difficult-to-regulate phenomenon.

The Role of the EU in the Promotion of Human Rights and International Labour Standards in Its External Trade Relations

Author : Samantha Velluti
Publisher : Springer Nature
ISBN 13 : 3030567486
Total Pages : 359 pages
Book Rating : 4.0/5 (35 download)

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Book Synopsis The Role of the EU in the Promotion of Human Rights and International Labour Standards in Its External Trade Relations by : Samantha Velluti

Download or read book The Role of the EU in the Promotion of Human Rights and International Labour Standards in Its External Trade Relations written by Samantha Velluti and published by Springer Nature. This book was released on 2020-10-12 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a significant and timely contribution to the copious literature of the EU as a global actor providing new insights and fresh perspectives into the promotion of human rights and international labour standards in the EU’s external trade relations, building on and stimulating further – the already well-engaged – scientific dialogue on this area of research. In particular, it provides the basis for developing a new analytical structure for better understanding the role of the EU in promoting human rights and international labour standards in global trade and, in particular, for assessing the extent to which and how normative considerations have influenced the adoption of EU legal instruments and policy decisions. This book will appeal to research scholars, post-graduate students, practitioners and human rights activists.

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.

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 : 301 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 301 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.

Collective Bargaining Developments in Times of Crisis

Author : Sylvaine Laulom
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041190279
Total Pages : 312 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Collective Bargaining Developments in Times of Crisis by : Sylvaine Laulom

Download or read book Collective Bargaining Developments in Times of Crisis written by Sylvaine Laulom and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many EU Member States, the various economic crises of recent years provided grounds for a rarely equalled level of state intervention in the regulation of labour relations with an explicit aim: the decentralisation of collective bargaining. An extensive body of research – summed up and analysed expertly in the chapters of this very important book – reveals that the process of decentralisation has more often than not led to a situation where salaries and labour conditions are ever more frequently determined by direct negotiations between employer and employees, with the State becoming the sole guarantor of employee protection even as it encourages decreasing labour costs to ensure that companies remain competitive. The comparative approach offered in this book adds to this synthesis by providing examples of speci c recent developments in fourteen Member States and Turkey. Among the numerous topics and issues that arise are the following: – ‘opt-out’ clauses that derogate unfavourably from sectoral agreement standards; – extension of the employer’s unilateral decision-making power; – ‘memoranda of understanding’ imposed by the ‘troika’ (EU, ECB, and IMF); and – ‘stand-by arrangements’ imposed by the IMF. However, notwithstanding the strong emphasis on changing the structure of collective agreements by shifting the centre of gravity closer to the company, research nds promise in the reconstituted support for sector-level agreements increasingly found among very small businesses, networked businesses, and work via digital platforms. This is the rst book to take stock of the current state of collective bargaining in Europe. It is an essential study for labour and employment law practitioners, and an exemplary analysis of immeasurable value to policymakers and academics in the eld.

The Legal and Institutional Framing of Collective Bargaining in CEE Countries

Author : Ivana Palinkaš
Publisher : Kluwer Law International B.V.
ISBN 13 : 904119200X
Total Pages : 210 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Legal and Institutional Framing of Collective Bargaining in CEE Countries by : Ivana Palinkaš

Download or read book The Legal and Institutional Framing of Collective Bargaining in CEE Countries written by Ivana Palinkaš and published by Kluwer Law International B.V.. This book was released on 2018-04-09 with total page 210 pages. Available in PDF, EPUB and Kindle. Book excerpt: The formerly communist countries of Central and Eastern Europe (CEE) have witnessed a profound transformation of their labour laws since the 1990s and, especially, after their accession to the European Union. Today, in comparison to the other Member States, they continue to have weak trade unions and employers’ associations and an underdeveloped system of collective bargaining. Moreover, the recent economic and financial crisis highlighted the need to invest further efforts in bringing the CEE industrial relations closer to the ‘old’ Member States, in order to facilitate a more meaningful enforcement of the EU-wide economic and social policies. This is the first book to scrutinise this important matter in depth. Focusing on four current CEE labour law regimes – in Slovenia, Slovakia, the Czech Republic, and Poland – that also have different collective bargaining trends and can be said to exemplify some of the main legal and institutional frameworks for collective bargaining that the CEE countries have developed, the author addresses the following major issues: – the transition from a centralised to an open market economy and the degree of continuing residual characteristics; – the extent to which labour laws since the 1990s have enabled an adequate institutionalisation of industrial relations to allow free and voluntary collective bargaining at the national, sectoral, and company levels; and – the effectiveness of the standard-setting role of trade unions and employers’ associations insofar as they have persisted or come into play. The analysis always keeps in focus the development of labour laws in relation to a number of such interlinked elements as market transformation, type of privatisation of state ownership, and attitudes towards welfare. It draws on both the relevant literature and on twenty-five interviews with legal and policy experts from social partners’ organisations and staff within the ministries for social affairs in the selected countries. In support of the study’s general finding that the laws in CEE countries could provide more stimulus for sectoral and cross-sectoral collective bargaining, the author offers deeply informed recommendations and insights into legal shortcomings and pinpoints how the existing legal frameworks can be enhanced. Any professional or academic in the field of industrial relations, and particularly those concerned with complex transitions such as those occurring in the CEE countries and elsewhere in the world, will find this book of great value.

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.

Labour Law and Social Progress

Author : Roger Blanpain
Publisher : Kluwer Law International B.V.
ISBN 13 : 904116748X
Total Pages : 446 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Labour Law and Social Progress by : Roger Blanpain

Download or read book Labour Law and Social Progress written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2016-04-22 with total page 446 pages. Available in PDF, EPUB and Kindle. Book excerpt: For forty years the international watchword has been deregulation of labour law and of social security. Now, however, the rise in unemployment and lack of employment security, the dizzying inequality gulf, and the environmental disasters and mass migrations caused by this deregulation are generating an impetus that defines social justice no longer merely in terms of the equitable distribution of resources, but also – and often primarily – in terms of the just recognition of persons. This collection of incisive essays recognizes that the growing interdependence of all of the people of the earth demands that labour rights are understood as an aspect of human rights, and thus envisaged at the international level. Contributions by twenty outstanding labour law scholars from a range of countries worldwide provide in-depth analysis of such aspects of the debate as the following: – collective action in the interests of market effectiveness as well as fair outcomes for workers; - right to strike; - resilience of trade unions and collective bargaining as mechanisms of labour market regulation; - importance of national policy, despite the influence of global market forces, in shaping national outcomes; - work as the locus of the relationship between humans and nature; - search for a legal foundation for corporate social responsibility; - litigation as an alternative to collective bargaining; - the role of collective labour relations for immigrants and disabled people; - lessons that developed countries could learn from mechanisms pioneered in developing countries in coping with conditions of austerity; and - the trap of soft law and of declarations of intent that weigh lightly in the face of the power of the interests at play in international trade. The essays take stock of the dimensions of the current situation and also explore paths leading to a better achievement of social justice in labour law. These essays recognize that economic development and the pursuit of social justice are interwoven in a quest for social progress that includes mechanisms designed to eliminate unjustifiable inequality. For lawyers and other parties committed to the emerging political will to not only respect fundamental rights, but more broadly improve labour and environmental protection, this book opens abundant avenues that can be pursued in practice and in policy. The volume is based on a selection of papers presented at the 21st World Congress of the International Society for Labour and Social Security Law in Cape Town in 2015.

American Labor and the Law

Author : Matthew W. Finkin
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403506555
Total Pages : 142 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 142 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.

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.

Employment Relations in the 21st Century

Author : Valeria Pulignano
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403518200
Total Pages : 304 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Employment Relations in the 21st Century by : Valeria Pulignano

Download or read book Employment Relations in the 21st Century written by Valeria Pulignano and published by Kluwer Law International B.V.. This book was released on 2019-11-07 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.

European Board-Level Employee Representation

Author : Jeremy Waddington
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192034
Total Pages : 183 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 183 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.

Walmart in the Global South

Author : Carolina Bank Muñoz
Publisher : University of Texas Press
ISBN 13 : 1477315705
Total Pages : 280 pages
Book Rating : 4.4/5 (773 download)

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Book Synopsis Walmart in the Global South by : Carolina Bank Muñoz

Download or read book Walmart in the Global South written by Carolina Bank Muñoz and published by University of Texas Press. This book was released on 2018-05-02 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the largest private employer in the world, Walmart dominates media and academic debate about the global expansion of transnational retail corporations and the working conditions in retail operations and across the supply chain. Yet far from being a monolithic force conquering the world, Walmart must confront and adapt to diverse policies and practices pertaining to regulation, economy, history, union organization, preexisting labor cultures, and civil society in every country into which it enters. This transnational aspect of the Walmart story, including the diversity and flexibility of its strategies and practices outside the United States, is mostly unreported. Walmart in the Global South presents empirical case studies of Walmart’s labor practices and supply chain operations in a number of countries, including Chile, Brazil, Argentina, Nicaragua, Mexico, South Africa, and Thailand. It assesses the similarities and differences in Walmart’s acceptance into varying national contexts, which reveals when and how state regulation and politics have served to redirect company practice and to what effect. Regulatory context, state politics, trade unions, local cultures, and global labor solidarity emerge as vectors with very different force around the world. The volume’s contributors show how and why foreign workers have successfully, though not uniformly, driven changes in Walmart’s corporate culture. This makes Walmart in the Global South a practical guide for organizations that promote social justice and engage in worker struggles, including unions, worker centers, and other nonprofit entities.

Reasonable Accommodation in the Modern Workplace

Author : Roger Blanpain
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041162712
Total Pages : 371 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Reasonable Accommodation in the Modern Workplace by : Roger Blanpain

Download or read book Reasonable Accommodation in the Modern Workplace written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2016-04-20 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: More and more the modern workplace faces challenges of diversity and employability. There is an increasingly insistent need to match workforce diversity, or workers' own characteristics and choices, with employers' organizational and business requirements. In this context, the notion of reasonable accommodation inevitably arises. Concepts such as 'adaptability' and 'employability' not only require workers to adapt to new labour market circumstances but are also directed towards employers' duties to accommodate work and the workplace to the worker's situation. This book is the first study to analyse, at a global scale, how employment discrimination law gives shape to an accommodated workplace in three main areas of interest: age, disability, and religion/belief. Sixteen prominent labour and employment law scholars offer in-depth perspectives from Belgium, the Netherlands, France, Sweden, Russia, Israel, Canada, the United States, South Africa, and Australia. Each report fully integrates relevant legislation, case law, and legal doctrine and follows the same structure to allow easy comparisons across jurisdictions. Attention is also given to the roles of European Union law and the UN Convention on the Rights of Persons with Disabilities. Issues and topics covered include the following: - the scope of 'accommodation'; - 'reasonable' defined; - recognized business requirements that may override the duty to accommodate; - when employers' neutrality policies to avoid accusations of discrimination may constitute indirect discrimination; - use of integration or re-integration strategies to accommodate disabled/incapable workers; - use of 'exit gateways' that enable employers to avoid liability in cases of disability discrimination; - when employers must take into account workers' family lives; and - when an obligation to reclassify a worker exists. These articles were originally presented as papers at the 2015 meeting of the International Association of Labour Law Journals hosted by the Institute for Labour Law of the University of Leuven. Ultimately the book makes clear that reasonable accommodation cannot be narrowed down to a formal anti-discrimination perspective but requires an integrative logic that can grow in a broader labour law context. As a compelling analysis of whether the idea of reasonable accommodation is winning ground in labour law in today's world, this book will prove of immeasurable value to labour and employment lawyers and judges, as well as to corporate counsel and academics in the field.