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The Changing Law Of The Employment Relationship
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Book Synopsis The Changing Law of the Employment Relationship by : Nicola Countouris
Download or read book The Changing Law of the Employment Relationship written by Nicola Countouris and published by Routledge. This book was released on 2016-04-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.
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 295 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.
Book Synopsis The Common Law Employment Relationship by : Gordon Anderson
Download or read book The Common Law Employment Relationship written by Gordon Anderson and published by Edward Elgar Publishing. This book was released on 2017-09-29 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contract of employment provides in many jurisdictions the legal foundation for the employment of workers. This book examines how the development of the common law under the influence of contemporary social and economic pressures has caused this contract to evolve.
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 274 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.
Book Synopsis Work in Challenging and Uncertain Times by : Patricia Leighton
Download or read book Work in Challenging and Uncertain Times written by Patricia Leighton and published by Routledge. This book was released on 2020-07-12 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book was written as the Coronavirus (COVID-19) pandemic began to have a devastating effect on employment across the globe. The crisis has served to highlight many deepseated, often longstanding challenges to employment relationships. These include uncertainties and fears about the impact of technological advances, concerns about safety and wellbeing and controversies around emerging business and employment models. It is difficult to avoid the fear that the combination of these and other practices will lead to a ‘race to the bottom’. The book calls for a radical rethink and reassessment of the core values underlying employment relationships. In Work in Challenging and Uncertain Times, the authors take a refreshingly realistic view of how contemporary work relationships are managed and look to how they will need to change in the future. Some key questions are posed, such as ‘who is the employer in complex skills supply chains?’; ‘how do we ensure a skilled workforce in a context of fragmentation and increasing individualization?’; ‘in a context of AI, robots etc., what does it mean to be human?’ and ‘how do we achieve change and improvement’? Based on extensive research presented in an accessible and engaging style, the book provides insights valuable to students of employment relationships, HRM and employment law as well as to practitioners and policy-makers. It draws on a range of academic disciplines and thoughts from interviews with key practitioners and commentators on workplace as well as students.
Book Synopsis Legal Protection for the Individual Employee by : Kenneth Dau-Schmidt
Download or read book Legal Protection for the Individual Employee written by Kenneth Dau-Schmidt and published by West Academic Publishing. This book was released on 2021-06-28 with total page 1310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Description Coming Soon!
Book Synopsis Theoretical Perspectives on Work and the Employment Relationship by : Bruce E. Kaufman
Download or read book Theoretical Perspectives on Work and the Employment Relationship written by Bruce E. Kaufman and published by Cornell University Press. This book was released on 2004 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: Developing a strong theoretical base for research and practice in industrial relations and human resource management has to date remained a largely unfulfilled challenge. This text presents contributions from 15 scholars, developing their perspectives on work and the employment relationship.
Book Synopsis Governing the Workplace by : Paul C. Weiler
Download or read book Governing the Workplace written by Paul C. Weiler and published by Harvard University Press. This book was released on 2009-06-01 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labor lawyer Paul Weiler examines the social and economic changes that have profoundly altered the legal framework of the employment relationship. He not only discusses a wide range of issues, from wrongful dismissal to mandatory drug testing and pay equity, but he also develops a blueprint for the reconstruction of the law of the workplace, especially designed to give American workers more effective representation.
Book Synopsis The Changing Law of the Employment Relationship by : Nicola Countouris
Download or read book The Changing Law of the Employment Relationship written by Nicola Countouris and published by Routledge. This book was released on 2016-04-01 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.
Book Synopsis The Employment Relationship by : Giuseppe Casale
Download or read book The Employment Relationship written by Giuseppe Casale and published by Hart Publishing. This book was released on 2011-01-01 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The issue of who is or is not in an employment relationship has become problematic in recent decades as a result of major changes in work organization as well as in the adequacy of legal regulation in adapting to such changes. In different parts of the world there is increasing difficulty in establishing whether or not an employment relationship exists in situations where the respective rights and obligations of the parties concerned are not clear, where there has been an attempt to disguise the employment relationship, or where inadequacies or gaps exist in the legal framework or in its interpretation or application. Vulnerable workers appear to suffer most in these situations. At the same time, social partners and labour administrators have emphasized that globalization has increased the need for protection against circumvention of national labour legislation by contractual and/or other legal arrangements. The employment relationship is under ever-closer scrutiny, not only by labour lawyers, but also by workers, employers and the judiciary. Changes in the world of work have modified traditional notions of the employment relationship. These changes in the 'standard employment relationship' shape the scope of protection and application of labour legislation and automatically affect the way labour law is implemented. This book presents the ways the scope of labour legislation applies to the realm of the employment relationship. Terms, notions, definitions, laws and practice in the various regions of the world are herein reported.
Book Synopsis From Widgets to Digits by : Katherine V. W. Stone
Download or read book From Widgets to Digits written by Katherine V. W. Stone and published by Cambridge University Press. This book was released on 2004-07-26 with total page 316 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Widgits to Digits is about the changing nature of the employment relationship and its implications for labor and employment law. For most of the twentieth century, employers fostered long-term employment relationships through the use of implicit promises of job security, well-defined hierarchical job ladders, and longevity-based wage and benefit schemes. Today s employers no longer value longevity or seek to encourage long-term attachment between the employee and the firm. Instead employers seek flexibility in their employment relationships. As a result, employees now operate as free agents in a boundaryless workplace, in which they move across departmental lines within firms, and across firm borders, throughout their working lives. Today s challenge is to find a means to provide workers with continuity in wages, on-going training opportunities, sustainable and transferable skills, unambiguous ownership of their human capital, portable benefits, and an infrastructure of support structures to enable them to weather career transitions.
Book Synopsis The Changing Nature of Work by : National Research Council
Download or read book The Changing Nature of Work written by National Research Council and published by National Academies Press. This book was released on 1999-09-07 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although there is great debate about how work is changing, there is a clear consensus that changes are fundamental and ongoing. The Changing Nature of Work examines the evidence for change in the world of work. The committee provides a clearly illustrated framework for understanding changes in work and these implications for analyzing the structure of occupations in both the civilian and military sectors. This volume explores the increasing demographic diversity of the workforce, the fluidity of boundaries between lines of work, the interdependent choices for how work is structured-and ultimately, the need for an integrated systematic approach to understanding how work is changing. The book offers a rich array of data and highlighted examples on: Markets, technology, and many other external conditions affecting the nature of work. Research findings on American workers and how they feel about work. Downsizing and the trend toward flatter organizational hierarchies. Autonomy, complexity, and other aspects of work structure. The committee reviews the evolution of occupational analysis and examines the effectiveness of the latest systems in characterizing current and projected changes in civilian and military work. The occupational structure and changing work requirements in the Army are presented as a case study.
Book Synopsis Reassessing the Employment Relationship by : Edmund Heery
Download or read book Reassessing the Employment Relationship written by Edmund Heery and published by Bloomsbury Publishing. This book was released on 2010-11-10 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reassessing the Employment Relationship is an edited volume written by leading academics at Cardiff Business School. Reflecting on the employment relationship as one of the central institutions of advanced capitalist economies, it provides an extensive survey of the changing world of work. The book offers a multi-disciplinary analysis of the contemporary workplace, and focuses on the key influences that are shaping the employment relationship - globalization, financialization, regulation and the search for ethical standards in human resource management. There is insightful and authoritative treatment of some of the main developments in the employment relationship, such as the rise of knowledge and customer service work, increasing income inequality, new forms of management control over work, the spread of non-union industrial relations and the rise to prominence of work-life integration. Reassessing the Employment Relationship provides a critical yet accessible look at the changing employment relationship, and is an indispensible aid to students studying Industrial Relations, Human Resource Management, Organizational Studies, and Business Ethics. PAUL BLYTON is Professor of Industrial Relations and Industrial Sociology at Cardiff University, UK. EDMUND HEERY is Professor of Employment Relations at Cardiff University, UK. PETER TURNBULL is Professor of Human Resource Management and Labour Relations at Cardiff University, UK.
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.
Book Synopsis The Sources of Labour Law by : Tamás Gyulavári
Download or read book The Sources of Labour Law written by Tamás Gyulavári and published by Kluwer Law International B.V.. This book was released on 2019-12-06 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.
Book Synopsis The Collective Dimensions of Employment Relations by : Tindara Addabbo
Download or read book The Collective Dimensions of Employment Relations written by Tindara Addabbo and published by Springer Nature. This book was released on 2021-08-09 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume explores the old and new “collective dimensions” of employment relations. It examines specific challenges stemming from new forms of work of the digital and sharing economy, such as measurement, monitoring, assessment, and remuneration of work, the protection of work-life balance, the impact of new technologies on health and safety, the adaptation of occupational skills to new work processes, and the responses to the digital restructuring of undertakings. It addresses a series of questions such as how the representational action of unions and works councils can adapt to the challenges posed by new production systems and whether the legislative framework needs to be reformed to ensure that digital workers enjoy the right to collective representation. This important collection offers readers a renewed theoretical perspective and justification of the role that the dialogue between workers (representatives) and companies could play in an increasingly complex world of work.
Book Synopsis From Widgets to Digits by : Katherine Van Wezel Stone
Download or read book From Widgets to Digits written by Katherine Van Wezel Stone and published by . This book was released on 2004 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Widgits to Digits is about the changing nature of the employment relationship and its implications for labor and employment law. For most of the twentieth century, employers fostered long-term employment relationships through the use of implicit promises of job security, well-defined hierarchical job ladders, and longevity-based wage and benefit schemes. Today's employers no longer value longevity or seek to encourage long-term attachment between the employee and the firm. Instead employers seek flexibility in their employment relationships. As a result, employees now operate as free agents in a boundaryless workplace, in which they move across departmental lines within firms, and across firm borders, throughout their working lives. Today's challenge is to find a means to provide workers with continuity in wages, on-going training opportunities, sustainable and transferable skills, unambiguous ownership of their human capital, portable benefits, and an infrastructure of support structures to enable them to weather career transitions.
