The Notion of Employer in the Era of the Fissured Workplace

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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.

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Author :
Publisher : Ediciones AKAL
ISBN 13 :
Total Pages : 154 pages
Book Rating : 4./5 ( download)

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Book Synopsis by :

Download or read book written by and published by Ediciones AKAL. This book was released on with total page 154 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Challenges for Human Rights

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Publisher : BRILL
ISBN 13 : 9047420411
Total Pages : 152 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Challenges for Human Rights by : Fernando Falcón y Tella

Download or read book Challenges for Human Rights written by Fernando Falcón y Tella and published by BRILL. This book was released on 2007-06-30 with total page 152 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nowadays we are fortunate enough to be experiencing a boom in human rights - an enormous increase of their importance in the international sphere at all levels (political, economic, social, legal and moral). For the first time the condition of the individual as “citizen,” and not just as “subject,” has gained importance. Individuals, and not only states, have now become the subjects of international law, as a result of the boom in humanitarian law and international criminal law. However, although there have been many battles won and goals met concerning human rights, the war against injustice continues and the fight has not ended. It is necessary to stay alert and to avoid a potentially paralyzing self-complacency. This collection focusses on topics that are particularly relevant for the present era. It examines issues such as multiculturalism, globalization, international criminal justice (specifically third and fourth generation rights) and, within this thematic framework, the problems that have come about as a result of the expanding reach of the Internet and of new biomedical advances. In addition, it explores the increasingly urgent challenge of how to respond to international terrorism, in view of worldwide events since September 11, 2001, and its resulting aftermath. Originally published in Spanish, this thought-provoking collection will be of interest to human rights scholars and practitioners alike.

Collective Bargaining, Discrimination, Social Security and European Integration

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Publisher :
ISBN 13 :
Total Pages : 514 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Collective Bargaining, Discrimination, Social Security and European Integration by : Roger Blanpain

Download or read book Collective Bargaining, Discrimination, Social Security and European Integration written by Roger Blanpain and published by . This book was released on 2003 with total page 514 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although nominally protected by a plethora of laws, and championed in several well-intentioned declarations and charters, today's worker often feels adrift on an uncharted sea subject to unpredictable currents that have nothing to do with the quality of his or her work. Can we get at the root of this serious problem? We can at least determine if our existing legal systems, especially in the area of collective bargaining, discrimination, social security and European integration are able and ready to tackle the world-of-work challenges that confront us. And if they are not, we can begin to formulate a basis for new and effective labour and social security laws. This was in fact the essential impetus for the European Conference of the International Society of Labour Law and Social Security held in Stockholm in September 2002, a ground-breaking conference of which this book is the written record. In general, the papers stress the European situation, as it is in the EU, both as it exists today and as it is likely to be in the foreseeable future, a community of twenty-five nations, that the major work challenges are felt, and that the legal debate on relevant issues is strongest and most open. However, the twenty-four distinguished authors include representatives from countries as far-flung as Belarus and Congo, Korea and Turkey, and with these contributions the analysis extends to a study of fundamental rights as they actually exist under a wide variety of labour and social security law regimes in today's world. Collective Bargaining, Discrimination, Social Security and European Integration should not be overlooked by any policymaker or academic in the fields of labour and industrial relations law or social security law. It is one of the most detailed and current investigations we have of a situation that threatens to become a crisis in contemporary law and society.

The Balance between Worker Protection and Employer Powers

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Publisher : Cambridge Scholars Publishing
ISBN 13 : 1527526097
Total Pages : 622 pages
Book Rating : 4.5/5 (275 download)

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Book Synopsis The Balance between Worker Protection and Employer Powers by : Nuno Cerejeira Namora

Download or read book The Balance between Worker Protection and Employer Powers written by Nuno Cerejeira Namora and published by Cambridge Scholars Publishing. This book was released on 2019-01-17 with total page 622 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).

Labour Politics in Small Open Democracies

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Publisher : Springer
ISBN 13 : 1403937400
Total Pages : 271 pages
Book Rating : 4.4/5 (39 download)

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Book Synopsis Labour Politics in Small Open Democracies by : P. Buchanan

Download or read book Labour Politics in Small Open Democracies written by P. Buchanan and published by Springer. This book was released on 2003-05-28 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul G. Buchanan and Kate Nicholls explore the political and economic fortunes of organised labour in five small open democracies between 1975 and 2000. Of particular interest is the role of labour market institutions, organisational histories, and trade union ideologies in shaping outcomes under conditions of economic liberalisation. The book includes a theoretical and methodological introduction, followed by individual discussions of Australia and Chile, and New Zealand and Uruguay, grouped a cross-regional pairs, and Ireland as an extra-regional and atypical case.

The Chilean Labor Market

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Publisher : Springer
ISBN 13 : 140398364X
Total Pages : 358 pages
Book Rating : 4.4/5 (39 download)

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Book Synopsis The Chilean Labor Market by : K. Sehnbruch

Download or read book The Chilean Labor Market written by K. Sehnbruch and published by Springer. This book was released on 2006-09-02 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kirsten Sehnbruch uses the case study of Chile to show the failures and inner-working of neo-liberal labour policy. She shows in detail what the real policy issue should be, namely the creation of proper institutions and of a corps of competent professionals with relevant skills and powers to operate them.

Empowering Labor

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Publisher : Cambridge University Press
ISBN 13 : 1009433539
Total Pages : 241 pages
Book Rating : 4.0/5 (94 download)

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Book Synopsis Empowering Labor by : Juan A. Bogliaccini

Download or read book Empowering Labor written by Juan A. Bogliaccini and published by Cambridge University Press. This book was released on 2024-03-21 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Empowering Labor uses a comparative study of Chile, Portugal, and Uruguay to analyze the underlying political dynamics that shape the use of wage policy as a pre-distributive instrument of leftist parties in power in unequal democracies. The book theorizes that the unity of the Left and labor's political legitimacy are two main drivers for relating on wage policy as a pre-distributive instrument for promoting inclusion. These factors are shaped by elite long-term strategies towards labor. Such strategies, when dominant for long-enough periods, create path dependency, shaping differential opportunities for further options down the road. The book integrates large-scale historical processes with frequently analyzed short-term and agency-based factors to elucidate variation in the crafting of wage policies and reshapes the debate on the politics of pre-distribution in unequal democracies by situating the cases in a longer historical arc.

Contingent Employment in Europe and the United States

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Publisher : Edward Elgar Publishing
ISBN 13 : 9781781008126
Total Pages : 274 pages
Book Rating : 4.0/5 (81 download)

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Book Synopsis Contingent Employment in Europe and the United States by : Ola Bergström

Download or read book Contingent Employment in Europe and the United States written by Ola Bergström and published by Edward Elgar Publishing. This book was released on 2003 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Bergström and Storrie are to be praised for what stands as a highly readable, engaging account of the development of temporary work, and also one that breaks new ground. The focus here is not just on profiling national trends, but also on locating them in a broader regulatory context. At a time when even the most passive regulation is derided for undermining "flexibility" and holding back growth, the insights contained in this book are of considerable value. In my view, Contingent Employment in Europe and the United States should be essential reading both for academics and policymakers.' - Ian Kirkpatrick, Industrial Relations Journal Contingent Employment in Europe and the United States examines the developments in labour markets in advanced economies in the 21st century, as regards contingent employment. This is defined as employment relationships that can be terminated with minimal costs within a predetermined period of time. This includes fixed-term contracts, temporary agency work and self-employment. Contingent employment has been the subject of much legislative activity in the last decade, at both the national and European level. Temporary agency work, in particular, has recently been extensively deregulated in most European countries and currently we await the fate of a proposed EU directive on agency work. The book is therefore highly topical.

Victims of the Chilean Miracle

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Publisher : Duke University Press
ISBN 13 : 0822385856
Total Pages : 443 pages
Book Rating : 4.8/5 (223 download)

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Book Synopsis Victims of the Chilean Miracle by : Peter Winn

Download or read book Victims of the Chilean Miracle written by Peter Winn and published by Duke University Press. This book was released on 2004-07-20 with total page 443 pages. Available in PDF, EPUB and Kindle. Book excerpt: Chile was the first major Latin American nation to carry out a complete neoliberal transformation. Its policies—encouraging foreign investment, privatizing public sector companies and services, lowering trade barriers, reducing the size of the state, and embracing the market as a regulator of both the economy and society—produced an economic boom that some have hailed as a “miracle” to be emulated by other Latin American countries. But how have Chile’s millions of workers, whose hard labor and long hours have made the miracle possible, fared under this program? Through empirically grounded historical case studies, this volume examines the human underside of the Chilean economy over the past three decades, delineating the harsh inequities that persist in spite of growth, low inflation, and some decrease in poverty and unemployment. Implemented in the 1970s at the point of the bayonet and in the shadow of the torture chamber, the neoliberal policies of Augusto Pinochet’s dictatorship reversed many of the gains in wages, benefits, and working conditions that Chile’s workers had won during decades of struggle and triggered a severe economic crisis. Later refined and softened, Pinochet’s neoliberal model began, finally, to promote economic growth in the mid-1980s, and it was maintained by the center-left governments that followed the restoration of democracy in 1990. Yet, despite significant increases in worker productivity, real wages stagnated, the expected restoration of labor rights faltered, and gaps in income distribution continued to widen. To shed light on this history and these ongoing problems, the contributors look at industries long part of the Chilean economy—including textiles and copper—and industries that have expanded more recently—including fishing, forestry, and agriculture. They not only show how neoliberalism has affected Chile’s labor force in general but also how it has damaged the environment and imposed special burdens on women. Painting a sobering picture of the two Chiles—one increasingly rich, the other still mired in poverty—these essays suggest that the Chilean miracle may not be as miraculous as it seems. Contributors. Paul Drake Volker Frank Thomas Klubock Rachel Schurman Joel Stillerman Heidi Tinsman Peter Winn

The Actors of Collective Bargaining

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041122532
Total Pages : 366 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Actors of Collective Bargaining by : Eduardo J. Ameglio

Download or read book The Actors of Collective Bargaining written by Eduardo J. Ameglio and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one denies that the institution of collective bargaining between workers and employers has been a powerful tool for social dialogue. Without our history of effective collective bargaining there would be no mutual understanding, no industrial peace, no constructive cooperation between social partners. Yet there is a feeling today that this history has drawn to a close; that our post-industrial world demands something different, something our tradition of collective bargaining and collective agreements cannot give us. What information and insight can we gather to verify or challenge this feeling? This was the first major question addressed by the distinguished delegates to the twenty-seventh World Congress of Labour and Social Security Law held at Montevideo, 2'5 September 2003. The aim of the conference was to discover current problems regarding the existing structures and functions of collective bargaining in industrialized countries today'problems readily identifiable in the context of economic globalization, falling union density, the increase in atypical and knowledge-based workers, and the 'tertiarization' or declining economic importance of manufacturing-based industry. This bulletin contains some of the most important papers devoted to this major theme of the conference. It presents twenty national reports, each written by a scholar well-versed in the law and practice of collective bargaining in the country covered. Two introductory reports deal with such general issues as the varying competences of representatives under different legal systems, labor union representation within the public sector, the development of collective bargaining in EC law, the levels and structures of collective bargaining practice, and the widening gap between the relevant legal norms and real situations. The national reports were drafted on the basis of a questionnaire, which appears as an annex. This allows the reader to easily compare the solutions set forth for consideration in the various countries under review. The Actors of Collective Bargaining will be of great value for all practitioners and academics in the field of industrial relations.

Blunting Neoliberalism

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Publisher : Springer
ISBN 13 : 0230274323
Total Pages : 256 pages
Book Rating : 4.2/5 (32 download)

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Book Synopsis Blunting Neoliberalism by : L. Fraile

Download or read book Blunting Neoliberalism written by L. Fraile and published by Springer. This book was released on 2016-04-30 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is one of the first books to consider the impact of tripartism across the developing world. It covers 8 case studies from Africa, Asia, Eastern Europe and Latin America, focusing on developments since the 1990s. These studies show that tripartism has the effect of reducing the social impact of neoliberal economics reforms.

Regulating New Forms of Employment

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Publisher : Routledge
ISBN 13 : 1134236778
Total Pages : 305 pages
Book Rating : 4.1/5 (342 download)

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Book Synopsis Regulating New Forms of Employment by : Ida Regalia

Download or read book Regulating New Forms of Employment written by Ida Regalia and published by Routledge. This book was released on 2006-01-16 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Using a comparative framework, this new volume focuses on how non-standard employment can be regulated in very different social, political and institutional settings. After surveying these new forms of work and the new demands for labour-market regulation, the authors identify possible solutions among local-level actors and provide a detailed analysis of how firms assess the advantages and disadvantages of flexible forms of employment. The authors provide six detailed case studies to examine the successes and failures of experimental approaches and social innovation in various regions in the UK, France, Germany, Italy and Spain.

The Politics of Wage Bargaining Reform in Italy and Spain, 1991-2001

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Publisher :
ISBN 13 :
Total Pages : 58 pages
Book Rating : 4.3/5 ( download)

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Book Synopsis The Politics of Wage Bargaining Reform in Italy and Spain, 1991-2001 by : Óscar Molina Romo

Download or read book The Politics of Wage Bargaining Reform in Italy and Spain, 1991-2001 written by Óscar Molina Romo and published by . This book was released on 2003 with total page 58 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Spanish Welfare State in European Context

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Publisher : Routledge
ISBN 13 : 1317014979
Total Pages : 351 pages
Book Rating : 4.3/5 (17 download)

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Book Synopsis The Spanish Welfare State in European Context by : Ana Marta Guillén

Download or read book The Spanish Welfare State in European Context written by Ana Marta Guillén and published by Routledge. This book was released on 2016-02-17 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following the death of Franco, Spain underwent a transition to democracy in the mid-1970s. Although a rapid process of modernization occurred, the Spanish welfare state was seen, until fairly recently, as relatively underdeveloped. However, given the progressive Europeanization and expansion of Spanish social policy, questions arise as to whether the Spanish welfare system should still be considered as peripheral to West European welfare states. This volume is divided into three sections. The first section deals with broad trends in the evolution of the Spanish welfare state. To begin with, the consolidation path of social protection policies is explored. Attention is also paid to the process of Europeanization. Furthermore, the analysis explores advances in gender equality policies. In the second section, attention is turned to governance issues, such as collective bargaining, the interplay among levels of government, the welfare mix and public support for social policies. The third and final part of the book addresses five main challenges facing the Spanish welfare state in the 21st century, namely, the need to enhance flexicurity; to achieve a better work-family balance; to coordinate immigration policies with existing social protection; to tackle the persistence of high rates of relative poverty; and to face intense population ageing, both in terms of increasing needs for care and the reform of the pension system.

Justice and Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004271708
Total Pages : 205 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Justice and Law by : María José Falcón y Tella

Download or read book Justice and Law written by María José Falcón y Tella and published by Martinus Nijhoff Publishers. This book was released on 2014-05-08 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: Apart from considering classical theories of justice from Aristotle, Plato, Saint Thomas Aquinas, the Bible, and the Quran, the aim of Justice and Law is to focus on the contemporary vista, reviewing some of the modern ideas of justice advanced by legal philosophers of our time, such as John Rawls, Jürgen Habermas, Ronald Dworkin, Robert Nozick, Richard A. Posner, Wojciech Sadurski, Marxism, or Feminist Theories. In the second part of the work, María José Falcón y Tella deals with some of the principal themes relating to justice, such as punishment, civil disobedience, conscientious objection, just war, conflict of duties, and tolerance.

From Silicon Valley to Shenzhen

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Publisher : Rowman & Littlefield
ISBN 13 : 0742568490
Total Pages : 278 pages
Book Rating : 4.7/5 (425 download)

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Book Synopsis From Silicon Valley to Shenzhen by : Boy Lüthje

Download or read book From Silicon Valley to Shenzhen written by Boy Lüthje and published by Rowman & Littlefield. This book was released on 2013-09-26 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: This seminal study explores the significant changes in the global IT industry as production has shifted from the developed world to massive sites in the developing world that house hundreds of thousands of workers in appalling low-wage conditions to minimize labor costs. The authors trace the development of the new networks of globalized mass production in the IT industry and the reorganization of work since the 1990s, capturing the systemic nature of an industry-wide restructuring of production and work in the global context. Their wide-ranging and detailed analysis takes the debates on the globalization of production beyond narrow perspectives of determining criteria of “success” for participation in global networks. Rather, they emphasize the changing nature of work, employment relations, and labor policies and their implications for the possibilities of sustainable economic and social development.