Transnational Labour Regulation:The Ilo and Ec Compared

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Author :
Publisher : Springer
ISBN 13 : 9789041115836
Total Pages : 0 pages
Book Rating : 4.1/5 (158 download)

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Book Synopsis Transnational Labour Regulation:The Ilo and Ec Compared by : Jill Murray

Download or read book Transnational Labour Regulation:The Ilo and Ec Compared written by Jill Murray and published by Springer. This book was released on 2001-05-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues that the rules of the International Labour Organization (ILO) and those of the EC governing working time can be seen as examples of transnational labour regulation, and can be compared on that basis. Contrary to certain orthodoxies about the rule-making roles of each institution, there has been a significant degree of convergence between the institutions, having regard to the nature and purpose of their rules. This convergence has arisen because of complex factors within the internal histories of each institution, and the interaction between these internal developments and the external environment in which both operate. The ILO is no longer the sole, or even the primary, setter of labour standards in the field of working time for the EU Member States, as the Community has created binding rules in many of the areas previously regulated at the international level by the ILO. Further, any future action of the ILO may take in relation to working time is likely to be shaped by the Community, not least because the EU Member States are bound to act within the confines of Community policy to ensure the integrity of its rules. Thus, although the constitutional foundations of each institution were rather different, they now find themselves occupying much the same regulatory space in relation to this particular issue. In these circumstances, the binding nature of certain Community rules means that EC regulation has the capacity to diminish, and some argue has already diminished, the status and authority of the ILO.

Research Handbook on Transnational Labour Law

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 178254979X
Total Pages : 603 pages
Book Rating : 4.7/5 (825 download)

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Book Synopsis Research Handbook on Transnational Labour Law by : Adelle Blackett

Download or read book Research Handbook on Transnational Labour Law written by Adelle Blackett and published by Edward Elgar Publishing. This book was released on 2015-09-25 with total page 603 pages. Available in PDF, EPUB and Kindle. Book excerpt: The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.

Social Issues, Globalisation And International Institutions

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004145796
Total Pages : 441 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Social Issues, Globalisation And International Institutions by : Virginia A. Leary

Download or read book Social Issues, Globalisation And International Institutions written by Virginia A. Leary and published by Martinus Nijhoff Publishers. This book was released on 2006 with total page 441 pages. Available in PDF, EPUB and Kindle. Book excerpt: This original study examines the extent to which international labour issues have become issue of concern within the European Union, the ILO, the OECD (Organization for Economic Cooperation and Development), and the WTO (World Trade Organization).

Labour Laws and Global Trade

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Author :
Publisher : Hart Publishing
ISBN 13 : 1841131601
Total Pages : 327 pages
Book Rating : 4.8/5 (411 download)

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Book Synopsis Labour Laws and Global Trade by : B. A. Hepple

Download or read book Labour Laws and Global Trade written by B. A. Hepple and published by Hart Publishing. This book was released on 2005-03-25 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a comprehensive analysis of the new methods of transnational labour regulation that are emerging in response to globalisation.

From ILO Standards to EU Law

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Author :
Publisher : BRILL
ISBN 13 : 9004157182
Total Pages : 361 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis From ILO Standards to EU Law by : Eve C. Landau

Download or read book From ILO Standards to EU Law written by Eve C. Landau and published by BRILL. This book was released on 2008 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book portrays the achievements and progress of equality at work between men and women. The relevant UN Conventions, the ILO Philadelphia Declaration of 1944 and the numerous ILO Conventions and Recommendations on the development of equality are recalled. The European Union has applied and developed the universal ILO standards, empowering rights of equality with effective remedies through EU legislation and enforcement by its Court of Justice. The issues covered include equal remuneration and treatment, positive or affirmative action, dignity of the worker, maternity protection, part-time work and indirect discrimination, workers with family responsibilities and child care. New perspectives, policies and trends are discussed in a conclusion.

Transnational Labour Law

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Author :
Publisher : Kluwer Law International
ISBN 13 : 9789041158581
Total Pages : 0 pages
Book Rating : 4.1/5 (585 download)

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Book Synopsis Transnational Labour Law by : Antonio Ojeda Avilés

Download or read book Transnational Labour Law written by Antonio Ojeda Avilés 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: Innovative analysis projects, for the first time in such depth, the mixture of public and private regulation - both substantive and procedural - that characterizes employment relations virtually everywhere in the world today. The book's detailed discussions of ILO and EU measures deal not with these organizations' rules in themselves, but with the ways these organizations regulate private entities, because such regulations mark the limits and possibilities of labour action by multinationals.

Global Trade, Labour Rights and International Law

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Author :
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.

Assessment of Labour Provisions in Trade and Investment Arrangements

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Author :
Publisher : International Labor Office
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis Assessment of Labour Provisions in Trade and Investment Arrangements by : International Labor Office

Download or read book Assessment of Labour Provisions in Trade and Investment Arrangements written by International Labor Office and published by International Labor Office. This book was released on 2016 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nearly half of trade agreements concluded in the past five years included either a labor chapter or labor provision that makes reference to international labor standards and ILO instruments. The evidence so far suggests that labor provisions have been an important tool for raising awareness and improving laws and legislations with respect to workers' rights, increasing stakeholder involvement in negotiation and implementation phases, and developing domestic institutions to better monitor and enforce labor standards. But challenges remain, particularly with respect to sustainability of impacts, coherence, and cooperative efforts. This new report, part of the Studies on Growth with Equity series, gives a full examination of the scope and effectiveness of these labor provisions.

International Labour Law

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041189386
Total Pages : 433 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis International Labour Law by : Jean-Michel Servais

Download or read book International Labour Law written by Jean-Michel Servais and published by Kluwer Law International B.V.. This book was released on 2017-04-24 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: • the relationship between international labour law and economic competition • standards on industrial relations • collective bargaining and dispute settlement procedures • protection of trade unions • prohibitions on enforced and child labour • promotion of equal opportunity and treatment • time and rest provisions • wage determination and protection • occupational health and safety provisions • special issues on non-standard forms of employment • foreign and migrant workers • social security provisions • privacy protection The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book's combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers ́ organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This fifth edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.

The Protection of Working Relationships

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041132899
Total Pages : 242 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Protection of Working Relationships by : Frans Pennings

Download or read book The Protection of Working Relationships written by Frans Pennings and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related from a social policy point of view. In order to make a substantial contribution to the discussion on these developments a group of noted European labour law scholars has undertaken the research assembled in this book, recommending labour law reforms based on a close examination of existing conditions. The eight authors analyse measures and legal instruments offered by the European Union and the ILO to cover persons performing personal work, as well as specific developments in Belgium, France, The Netherlands, Poland, Germany, and the United Kingdom. In each case they describe viable ways in which categories of persons not treated as employees can be brought under the protection of labour law and how the distinction between employees and self-employed can become more clear. In a concluding final Chapter comparative conclusions are drawn on the basis of this study and recommendations are given to the EU, the ILO and the individual Member States. Among the specific issues covered are the following: * redefining the subordination criterion; * the role of the courts; * determination of the contract of employment; * forms of labour involving more than two contracting parties (e.g., employment agency arrangements); * the legal position of temporary workers; * 'employee-like' persons, e.g., home-workers or commercial representatives; * the 'bogus' self-employed; * introduction and effect of legal presumptions in labour law and/or social security; * developing uniform criteria for the employment relationship; * criteria for identifying self-employed but economically-dependent workers; * extension of protection of labour law to persons other than employees or the self-employed; and * social rights applicable to all work contracts irrespective of their formal qualification; * floor of core rights. This study seriously contributes toward overcoming the reluctant and piecemeal measures commonly taken to extend the protection of the employment contract. Although the authors acknowledge the continuing tension between labour law protection and the need for a flexible workforce, they also recognize the positive effects of best practices that lead to more certainty, fewer disputes, and clear (but still flexible if necessary) agreements. The book will be warmly welcomed as a signal contribution to addressing what one labour law scholar has called 'the most important industrial relations issue of our time.'

European Welfare States and Supranational Governance of Social Policy

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Publisher : Springer
ISBN 13 : 0230006191
Total Pages : 282 pages
Book Rating : 4.2/5 (3 download)

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Book Synopsis European Welfare States and Supranational Governance of Social Policy by : A. Johnson

Download or read book European Welfare States and Supranational Governance of Social Policy written by A. Johnson and published by Springer. This book was released on 2005-04-12 with total page 282 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ailish Johnson examines national welfare state regimes of EU Member States and the features of the European Union and the International Labour Organization that encourage cooperation and assure outcomes of supranational cooperation higher than theories of inter-state bargaining or social dumping would predict. By tracing the development of EU and global social policy from the 1950s to today, she identifies policy leaders, resisters and passive states. She concludes with an analysis of the forms and outputs of supranational social policy and suggests limits of social policy in an enlarged European Union.

Decent Flexibility

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041192719
Total Pages : 554 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Decent Flexibility by : Dr Fred C. A. van Haasteren

Download or read book Decent Flexibility written by Dr Fred C. A. van Haasteren and published by Kluwer Law International B.V.. This book was released on 2017-07-30 with total page 554 pages. Available in PDF, EPUB and Kindle. Book excerpt: Within the context of social law, temporary agency work has always been subject of debate. The pursuit of more flexible forms of labour is at odds with maintaining decent labour relations. For that reason, ever since it was established, the UN organisation for labour issues, ILO, has focused on private work placement. In its early years it tended to prohibit or severely restrict private work placement, but gradually it came to acknowledge that, for instance, temporary agency work had positive aspects, and that a total ban was pointless. In 1997, this culminated in ILO convention 181, which was widely supported. This did not end the debate on non-standards forms of paid work. Which forms of work can be considered decent? How do they relate to human rights? What are the effects of globalisation? In the European context, too, (cross-border) temporary agency work has attracted extensive attention. Lastly, the Netherlands has its own, unique form of public-private regulation. The guiding principle in this book is whether Convention 181 still has value in this day and age. What are the developments in temporary agency work in the social domain? How do they relate to the wide range of flexible work forms that are increasingly catching up with temporary agency work? Decent flexibility is the challenge. Dr Fred van Haasteren (1949) started his career as a scientific associate at the Society and Enterprise Foundation (SMO). From 1978 onward, he worked in the Dutch temporary agency sector. In 1982 he became a board member of Randstad Nederland; in 1991 he became Vice-President of Randstad Holding. Among other things, he was also President of the platform of European temporary agency employers and of the global temporary agency employer umbrella organisation CIETT. He is still a board member of the Dutch Labour Standards Foundation (SNA) and an independent member of the NCP OECD. The social policy pursued by temporary employment agencies has always been at the centre of his activities.

Working Time Around the World

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Publisher : Routledge
ISBN 13 : 113407039X
Total Pages : 239 pages
Book Rating : 4.1/5 (34 download)

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Book Synopsis Working Time Around the World by : Jon C. Messenger

Download or read book Working Time Around the World written by Jon C. Messenger and published by Routledge. This book was released on 2007-05-31 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2007. Routledge is an imprint of Taylor & Francis, an informa company.

Quality of Work and Employee Involvement in Europe

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Publisher : Kluwer Law International B.V.
ISBN 13 : 9041118853
Total Pages : 332 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Quality of Work and Employee Involvement in Europe by : Marco Biagi

Download or read book Quality of Work and Employee Involvement in Europe written by Marco Biagi and published by Kluwer Law International B.V.. This book was released on 2002-08-28 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: The eighteen essays in this volume concentrate on the issues surrounding workers' participation, the area of industrial relations uppermost in Marco Biagi's thinking at the time of his assassination in March 2002. The trend toward ever greater employee involvement in managerial decisionmaking has been growing in Europe for over a decade, to a significant extent as a result of Biagi's work. From the start, he clearly discerned that the key to quality of work was worker participation. This book stands not merely as a homage, but as evidence that Biagi's assassination will not affect the progress he was making. In what amounts to an integrated series of recommendations for further European legislation on workers' participation in industrial relations, the authors analyse and evaluate the following: experience gained from implementation of the European Works Council Directive and the European Company Statute Directive; implications of the new Directive on Information/Consultation in National Undertakings and of the European Forum on the Financial Participation of Workers; and experience in a variety of national contexts, including those of Japan, Italy, France, Belgium, the United Kingdom, Germany, Russia, Poland, and Slovenia. In the final analysis, employee involvement--when it is a genuine commitment on the part of all stakeholders--is seen as a sharing of cultural values that successfully reconciles efficiency and social justice. Those who believe this is a goal worth achieving, for reasons both economic and social, will recognize in this book an immensely valuable contribution.

The Work/life Collision

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Publisher : Federation Press
ISBN 13 : 9781862874756
Total Pages : 308 pages
Book Rating : 4.8/5 (747 download)

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Book Synopsis The Work/life Collision by : Barbara Pocock

Download or read book The Work/life Collision written by Barbara Pocock and published by Federation Press. This book was released on 2003 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Longer working hours, insecure jobs, child care, declining birth rates, parental leave, the 'mummy track', the success or failure of feminism - the levels of passion, vitriol, despair and guilt these subjects engender attest to the importance Australians place on them, and rightly so. Their effects go beyond how we feel: they affect vital economic and demographic trends. The Work/Life Collision, grounded in thorough quantitative and qualitative research, analyses how these factors affect each other, in particular the collision of work and care and its implications for how we live. Pocock demonstrates how the existing 'work/care' regime that shapes how we live and work has high social costs - for mothers, fathers, families and those who want to be both workers and carers. She weighs the hidden costs of how we live and work now - costs that can be measured in bedrooms, kitchens, workplaces and streetscapes - and in our declining birth rate and embedded gender inequality. The Work/Life Collision goes further than just explaining our growing anxiety about quality of life, despite the evidence of unmatched material wealth. Pocock proposes ways in which a new 'work/care' regime can be built, through: the redistribution of working hours the rehabilitation of degraded and insecure part-time jobs a new system of leave from paid work, and better support for mothers, fathers and all kinds of dependants. She guides us through the real experiences of Australian households and points to a uniquely Australian solution to a fairer world.

From Rights to Management:Vol. 18:Contract, New Public Management and Employment Services

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041118896
Total Pages : 234 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis From Rights to Management:Vol. 18:Contract, New Public Management and Employment Services by : Terry Carney

Download or read book From Rights to Management:Vol. 18:Contract, New Public Management and Employment Services written by Terry Carney and published by Kluwer Law International B.V.. This book was released on 2002-07-31 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Rights to Management presents a powerful and thoroughly documented new thesis about the transformation of the concept of work during the period 1970-2000. The authors remind us of what we now easily forget: that, not so long ago, the right of an unemployed person to social security benefits and services was not questioned. Over the years, this right has been gradually replaced by a two-way bargain with the state. And in the place of this old 'social citizenship', there has arisen a government-corporate alliance that manages job seekers by contract. The shift from the needs of the person to the demands of business is complete. Those tempted to argue with this provocative thesis will find a formidable array of evidence assembled in this well-researched book. Focusing primarily on Australia--where the marketisation of welfare and employment services has gone farther than in any other country--Professors Carney and Ramia draw not only on the recent literature of several relevant disciplines, but also on in-depth interviews with thirty unemployed people from a wide range of backgrounds and situations. By assessing the inner workings and impacts of public management transformations on the lives of those most deeply affected, the authors provide a keen understanding of how the management theories, initiatives, and pretexts--economic and legal--work out in actuality. The interdisciplinary discussion incorporates debates about civil society, social capital, and other germane topics of great concern to scholars, policymakers, and administrators in this era of globalisation. A deep analysis of the new policy network of social services examines the types of contracts that govern the various parts of the system. The analysis concludes with a proposed new framework that reinstalls citizenship as the basis for welfare policy, but in a way that places real obligations and accountability on government and does not leave disadvantaged persons to fight a losing battle. No lawyer, professional, academic, or official in the social policy environment can afford to ignore this challenging work.

Labour Law and Sustainable Development

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Author :
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403520817
Total Pages : 270 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis Labour Law and Sustainable Development by : Valentina Cagnin

Download or read book Labour Law and Sustainable Development written by Valentina Cagnin and published by Kluwer Law International B.V.. This book was released on 2020-06-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour Law and Sustainable Development is a detailed reconstruction of the regulatory framework and jurisprudential findings of sustainable development at the international, European and national level. The global crisis of the past decade has underlined the social unsustainability of the ultra-liberalistic theories through which the labour law deregulation represents the precondition for social and economic development coherent with the globalization imperatives. It is no exaggeration to assert that the existing foundations of labour law have been irreversibly compromised. It is essential to find a way out of the crisis, at the same time defining the founding values of new sustainable labour law. In linking labour law with the sustainability paradigm, this provocative book promises to widen the scope and terms of the reconciliation of interests, taking into account the multiplicity of the stakeholders interested in economic, social and environmental issues and, in particular, to practise an approach that achieves intergenerational equity. What’s in this book: In an unprecedented comparative study, including case law, of the network of principles, agreements, practices and norms concerning sustainable development and its different economic and social implications, the author examines such facets as the following: sustaining solidarity and equality of opportunity in current and emerging work situations; enhancing individual autonomy in the current world of (subordinate but independent) labour; reconciling personal needs, flexible organization of companies and reduction of external and internal costs to companies; collective action for the regulation of labour relations allowing for the exercise of individual autonomy; involving entire populations that have been so far excluded in the world scene; developing a sustainable pension system to promote intergenerational solidarity; implementing flexicurity policies positively; social clauses of international trade treaties; undoing the profound contradiction of gender and wage inequalities; and promoting corporate social responsibility. The objective of this book is to provide the reader with a reasoning basis to assess whether the choice to elect sustainable development as a new paradigm of reference for labour law is feasible, and if, in particular, this choice can be useful in order to define the founding values of a new ‘sustainable’ labour law. How this will help you: Using an interdisciplinary approach, the author emphasizes the need to consider the various dimensions of sustainability together, not only the original environmental but also the economic and social dimensions. This book offers a real strategic leap for both legislators and social actors, in particular leading the way to avoiding a fracture of the generational pact that has held together modern societies. Although the book presents a profound academic contribution to the analysis of labour law realities and trends, it will also be welcomed by corporate lawyers, judges, human rights experts, trade unionists, business managers, entrepreneurs and consultants interested in the issues of labour, sustainable development and social rights.