Regulation of Fixed-term Employment Contracts

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041133569
Total Pages : 226 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Regulation of Fixed-term Employment Contracts by : Roger Blanpain

Download or read book Regulation of Fixed-term Employment Contracts written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2010-01-01 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades enterprises worldwide have reaped advantages of hiring employees on a contractual fixed-term basis, thus derogating from their traditional participation in the social protection of workers and insulating themselves from legal liability for unjust dismissal. A broad spectrum of effectiveness has emerged in this development, as different countries have adopted varying measures to regulate the conditions under which fixed- term employment contracts are written, applied, and interpreted. This important book --- which reprints papers submitted to the 10th Comparative Labour Law Seminar of the Japan Institute for Labour Policy and Training held in Tokyo on 8 and 9 March 2010 - details the regulatory approaches to fixed-term contracts in major industrial jurisdictions in Asia and Europe, providing an opportunity to explore normative directions for labour law and policy in the age of a diversified workforce. Nine Knowledgeable and experienced contributors describe and analyse the legal status of fixed-term employment contracts (including relevant case law) in Australia, Britain, China, France, Germany, Japan, Korea, Sweden, and Taiwan. Each author takes into account evaluations from scholars, policymakers, and stakeholders to his or her country's regulatory approach to fixed-term employment contracts, revealing an array of responses ranging from a view that such contracts enhance employment opportunities in society to advocating suppression of their use as inherently abusive and discriminatory. The combined effect of these nine essays is to greatly increase our awareness of the nature of fixed-term employment contracts, from their fundamental value as social policy instruments to their inextricable connection with the law of dismissal. The book sets the stage for deeper and more firmly grounded work that promises to elucidate the underlying pattern of a new employer-employee relationship emerging on a worldwide scale.

Rethinking Workplace Regulation

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Author :
Publisher : Russell Sage Foundation
ISBN 13 : 1610448030
Total Pages : 438 pages
Book Rating : 4.6/5 (14 download)

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Book Synopsis Rethinking Workplace Regulation by : Katherine V.W. Stone

Download or read book Rethinking Workplace Regulation written by Katherine V.W. Stone and published by Russell Sage Foundation. This book was released on 2013-02-14 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.

Basic Guide to the National Labor Relations Act

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Author :
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:

Core and Contingent Work in the European Union

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1782258701
Total Pages : 325 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Core and Contingent Work in the European Union by : Edoardo Ales

Download or read book Core and Contingent Work in the European Union written by Edoardo Ales and published by Bloomsbury Publishing. This book was released on 2017-02-23 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour and social security law studies have addressed the topic of the decline of the standard employment relationship mainly from the point of view of the growing number of atypical relationships. Only a limited number of studies have examined the issue from the perspective of the differentiation between core and contingent work. Such an examination is necessary as the increase in contingent work leads to complicated legal questions which vary between European states depending on the type of contingent arrangements that have become most prevalent. This book analyses, using a comparative approach, these different types of contingency from a national and EU perspective touching on the work relationship from a labour as well as a social security point of view. The aim of the book is to identify and analyse those questions adopting an innovative approach and to put forward proposals for safeguarding social cohesion within undertakings and European society.

The Oxford Handbook of the Law of Work

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Author :
Publisher : Oxford University Press
ISBN 13 : 0192697579
Total Pages : 961 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis The Oxford Handbook of the Law of Work by :

Download or read book The Oxford Handbook of the Law of Work written by and published by Oxford University Press. This book was released on 2024-08-15 with total page 961 pages. Available in PDF, EPUB and Kindle. Book excerpt: At the core of all societies and economies are human beings deploying their energies and talents in productive activities - that is, at work. The law governing human productive activity is a large part of what determines outcomes in terms of social justice, material wellbeing, and the sustainability of both. It is hardly surprising, therefore, that work is heavily regulated. This Handbook examines the 'law of work', a term that includes legislation setting employment standards, collective labour law, workplace discrimination law, the law regulating the contract of employment, and international labour law. It covers the regulation of relations between employer and employee, as well as labour unions, but also discussions on the contested boundaries and efforts to expand the scope of some laws regulating work beyond the traditional boundaries. Written by a team of experts in the field of labour law, the Handbook offers a comprehensive review and analysis, both theoretical and critical. It includes 60 chapters, divided into four parts. Part A establishes the fundamentals, including the historical development of the law of work, why it is needed, the conceptual building blocks, and the unsettled boundaries. Part B considers the core concerns of the law of work, including the contract of employment doctrines, main protections in employment legislation, the regulation of collective relations, discrimination, and human rights. Part C looks at the international and transnational dimension of the law of work. The final Part examines overarching themes, including discussion of recent developments such as gig work, online work, artificial intelligence at work, sustainable development, amongst others.

The Modernization of Labour Law and Industrial Relations in a Comparative Perspective

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041128654
Total Pages : 510 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Modernization of Labour Law and Industrial Relations in a Comparative Perspective by : Silvia Spattini

Download or read book The Modernization of Labour Law and Industrial Relations in a Comparative Perspective written by Silvia Spattini and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 510 pages. Available in PDF, EPUB and Kindle. Book excerpt: Not all labour law and industrial relations scholars agree on the efficacy of the comparative approach - that the analysis of measures adopted in other countries can play a constructive role in national and local policy-making. However, the case deserves to be heard, and no better such presentation has appeared than this remarkable book, the carefully considered work of over 40 well-known authorities in the field from a wide variety of countries including Australia, France, India, Israel, Peru, Poland, and South Africa. The volume contains papers delivered at a conference sponsored by the Marco Biagi Foundation at the University of Modena and Reggio Emilia in March 2008.

New Forms of Employment in Europe

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041162410
Total Pages : 452 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 452 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.

Labour Regulation in the 21st Century

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Author :
Publisher : Cambridge Scholars Publishing
ISBN 13 : 1443836915
Total Pages : 350 pages
Book Rating : 4.4/5 (438 download)

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Book Synopsis Labour Regulation in the 21st Century by : Pietro Manzella

Download or read book Labour Regulation in the 21st Century written by Pietro Manzella and published by Cambridge Scholars Publishing. This book was released on 2012-01-17 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: The economic crisis has highlighted major shortcomings in the EU flexicurity strategy which, although suitable to tackle structural unemployment in a period of economic growth, it proved unable to stand the impact of the recession, which requires specific measures to maintain employment. Against this background, the authors of the present papers, which were presented at the International Scientific Conference “Labour Market of the 21st Century: Looking for Flexibility and Security”, on the occasion of the 370th Anniversary of the establishment of Vilnius University’s Faculty of Law, that took place on 12–14 May 2011, investigate the development of labour regulation in the 21st century, with particular reference to the relation between flexibility and security and to the need to strike a balance between these two elements. The contributions address the issue in a comparative and transnational perspective and provide some insights into the development of national models of flexibility and social security.

Reflexive Labour Law in the World Society

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 085793659X
Total Pages : 352 pages
Book Rating : 4.8/5 (579 download)

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Book Synopsis Reflexive Labour Law in the World Society by : Ralf Rogowski

Download or read book Reflexive Labour Law in the World Society written by Ralf Rogowski and published by Edward Elgar Publishing. This book was released on 2013-09-30 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt: ŠRogowski�s challenging book offers readers a rigorous but accessible introduction to the theory of reflexive law, important and original insights into current issues in industrial relations and labour law and a fascinating preview of how a broad-based

Differences in Labour Law between Germany and Spain

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Author :
Publisher : BoD – Books on Demand
ISBN 13 : 368904782X
Total Pages : 194 pages
Book Rating : 4.6/5 (89 download)

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Book Synopsis Differences in Labour Law between Germany and Spain by : Thomas Murrhardt

Download or read book Differences in Labour Law between Germany and Spain written by Thomas Murrhardt and published by BoD – Books on Demand. This book was released on 2024-08-30 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book ‘Labour Law Differences between Germany and Spain’ offers a comprehensive analysis of the labour law regulations in both countries in comparison. It takes an in-depth look at the main differences in all relevant areas, such as employment contracts, protection against dismissal, working hours and collective agreements, and also addresses the specific characteristics and challenges arising from the different national legal systems. In Germany, the labour market is highly regulated, with a particular focus on comprehensive protection against dismissal and strict regulations on working hours. In contrast, Spanish labour law is more flexible, particularly with regard to fixed-term employment contracts and the implementation of dismissals. This flexibility offers employers more room for manoeuvre, but often comes at the expense of job security for employees. The book also examines the social security systems in Germany and Spain and analyses their influence on the structure of labour relations. It becomes clear that German legislation is strongly orientated towards the protection of employee rights, while the Spanish system tends to focus more on economic flexibility. This work is therefore an indispensable reference work for anyone who needs an in-depth and lasting understanding of the differences in labour law between Germany and Spain. It contributes significantly to a better understanding of the complexities of the international labour law landscape and how to respond effectively.

Termination of Employment Digest

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Publisher : International Labour Organization
ISBN 13 : 9221108422
Total Pages : 428 pages
Book Rating : 4.2/5 (211 download)

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Book Synopsis Termination of Employment Digest by : International Labour Office

Download or read book Termination of Employment Digest written by International Labour Office and published by International Labour Organization. This book was released on 2000 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: Topics covered include an overview of legislation on termination of employment, the different approaches taken to the subject in various national systems, an introductory summary of the legislation on termination.

Employment Relationship Under the Fair Labor Standards Act

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Author :
Publisher :
ISBN 13 :
Total Pages : 12 pages
Book Rating : 4.:/5 (3 download)

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Book Synopsis Employment Relationship Under the Fair Labor Standards Act by : United States. Employment Standards Administration. Wage and Hour Division

Download or read book Employment Relationship Under the Fair Labor Standards Act written by United States. Employment Standards Administration. Wage and Hour Division and published by . This book was released on 1977 with total page 12 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Labour Law, Fundamental Rights and Social Europe

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847318371
Total Pages : 310 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Labour Law, Fundamental Rights and Social Europe by : Mia Rönnmar

Download or read book Labour Law, Fundamental Rights and Social Europe written by Mia Rönnmar and published by Bloomsbury Publishing. This book was released on 2011-09-06 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume, comprising three parts and ten chapters, all of them peer-reviewed essays, arises from the work of the Swedish Network for European Legal Studies. Its focus is on labour and social security law. The chapters, written by distinguished legal researchers associated with Swedish universities, provide insight into a range of topical and important developments, seeking new and interesting perspectives. Sweden has been a member of the European Union since 1995, and EU law and European law perspectives have been well integrated into Swedish labour law and social security law research. Within the European Social Model and the European Welfare State, Sweden (and to some degree the other Nordic countries as well) can be said to represent a specific system, as regards both labour law and industrial relations and social security law. In terms of influential comparative typologies or models (naturally 'flawed' by a certain element of vagueness and simplification, but also very helpful in analytical and pedagogical respects), Sweden has been described as a representative of, inter alia, a Nordic legal family, a Nordic labour law model, a social-collectivist industrial relations system, a consensual industrial relations system, a social-democratic welfare state regime, a Scandinavian social security law system (a 'sub-group' of the Beveridge system), and a coordinated market economy. But since 1995 EU law and European law perspectives have been extensively integrated into existing Swedish labour and social security law, and the chapters in this book go a long way in illustrating the far-reaching and multifaceted ways in which Swedish law has been 'Europeanised'.

Discrimination and the Law 2e

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Author :
Publisher : Routledge
ISBN 13 : 1351214128
Total Pages : 249 pages
Book Rating : 4.3/5 (512 download)

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Book Synopsis Discrimination and the Law 2e by : Malcolm Sargeant

Download or read book Discrimination and the Law 2e written by Malcolm Sargeant and published by Routledge. This book was released on 2017-09-11 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discrimination and the Law provides an exploration and evaluation of discrimination law, focusing primarily on discrimination in employment. Introducing readers to the concepts of equality and the historical origins of discrimination law, Malcolm Sargeant explores the wider political, social and economic contexts through which discrimination law has evolved. The second edition has been thoroughly updated and includes a new chapter considering discrimination against trade unionists, discrimination against ‘non-standard’ workers as well as the public sector equality duty. The book begins with an examination of what is meant by such concepts as equality and discrimination followed by an analysis of the Equality Act 2010 and the impact of EU and international law. All the protected characteristics contained in the Equality Act 2010 are critically considered (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, sexual orientation). Issues not covered by the legislation such as those relating to multiple discrimination and caste discrimination are also analysed. Important cases from the UK courts as well as international courts are considered. The book also contains an appendix with the most relevant parts of the 2010 Act. Important cases are highlighted in the text and some reflections as the basis for further discussion are included at the end of each chapter. This is an essential introduction to the wide-ranging law relating to discrimination in the UK for law, HRM and business students.

Precarious Work

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 1788973267
Total Pages : 281 pages
Book Rating : 4.7/5 (889 download)

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Book Synopsis Precarious Work by : Jeff Kenner

Download or read book Precarious Work written by Jeff Kenner and published by Edward Elgar Publishing. This book was released on 2019 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.

Labour Law in Motion

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041123156
Total Pages : 222 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Labour Law in Motion by : Roger Blanpain

Download or read book Labour Law in Motion written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2005-01-01 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: While legislation protecting employees exists in most advanced countries, the notion of who actually is an employee has become unstable. Moreover, the decentralization of traditional collective bargaining is clearly under way everywhere, and the all-important balance between workers' security and employers' flexibility continues to change radically, either retreating toward individual statutory rights or seeking new forms of employee representation. Labour Law in Motion reprints sixteen reports originally submitted to the seventh Comparative Labor Law Seminar (Tokyo Seminar) sponsored by the Japan Institute for Labour Policy and Training in March 2004. Eleven expert authors describe the situation in their respective countries with regard to issues such as the following:criteria used to determine whether a person is an employee;what categories of non-employee exist, and what measure of statutory protection is afforded to such persons;variations in the concept of employee among labour law, tax law, and social security law;regulation of terms and conditions of employment; the forms and legal nature of employee representation;current trends in deregulation or `re-regulation' of labour laws;mechanisms permitting deviation from legal norms; and,the manner and extent of labour law intervention in the labour market. All eleven authors emphasize recent and ongoing changes in their countries' labour laws and evaluate the factors that have contributed to such changes. Each author concludes that reform of traditional labour laws is indeed necessary. However, the book as a whole clearly demonstrates that the content of such reform differs from country to country, particularly in the extent to which labour law entrusts the regulation of working conditions to the market. Offering as it does a clear and concise summary of the recent and current experience of labour relations in eight major industrialized countries, Labour Law in Motion is an essential resource for professionals and officials engaged in any aspect of labour law or regulation in any country.

Restatement of Labour Law in Europe

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Author :
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912460
Total Pages : 1113 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Restatement of Labour Law in Europe by : Bernd Waas

Download or read book Restatement of Labour Law in Europe written by Bernd Waas and published by Bloomsbury Publishing. This book was released on 2020-01-09 with total page 1113 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is part of a series which sets out a restatement of labour law in Europe. Its second volume looks at atypical employment relationships in Europe. Opening with a restatement, the book provides comparative commentary on the question of how fixed-term employment relationships, part-time employment relationships and temporary agency work is regulated by law in the individual states, which case law of the courts must be observed in this respect and which possibilities exist for shaping such relationships on the basis of collective bargaining agreements. The book goes on to systematically explore the national regulatory framework of: Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Montenegro, Netherlands, North Macedonia, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey and the United Kingdom. In this area, which is largely shaped by EU law in many countries, the commonalities and differences with regard to the relevant regulatory issues are examined. This important new project provides the definitive survey of labour law in Europe today.