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Collective Dismissal In The European Union A Comparative Analysis
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Book Synopsis Collective Dismissal in the European Union by : Roberto Cosio
Download or read book Collective Dismissal in the European Union written by Roberto Cosio and published by . This book was released on 2016-09-01 with total page 556 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Dismissal in the European Union is a comprehensive practical analysis of collective dismissal in EU Member States. When business imperatives require large enterprises to re-organize, involving a reduction in staff that is legally characterized as a collective dismissal, EU directives and laws across Europe mandate specific procedures to support workers who have been made redundant, and allow for sanctions where regulatory or judicial scrutiny uncovers violations. It is thus essential that a clearly defined framework of the laws and jurisprudence in force in each Member State be provided for businesses and their counsel to ensure compliance and avoid sanctions. This book, the first and only of its kind, provides exactly such an analysis. What's in this book: This book is structured on a country-by-country basis, with each chapter written by an expert in the country, covering and responding concisely to such questions as the following: how is 'collective dismissal' calculated? which issues regarding collective layoffs' procedures trigger legal intervention? what happens when enterprises provide incomplete or delayed information to labour unions or public officials? when can a worker be reinstated or claim compensation? Each chapter clarifies the extent to which directives have been implemented in the Member States and whether the law in force provides workers with some more favourable treatments than EU actually requires. Jurisprudence and its practical application are analysed from the perspective of the 'law in action' rather than that of the 'law in the books'. A concluding chapter examines global standards and trends in this area of law. How this will help you: There is no other publication fully devoted to the subject of collective dismissal, extensively elaborated and supported with case law. As a source of reliable information as manifested in the actions of judges, lawyers, solicitors, firms, and labour unions, this book has no peers. It serves as a handbook to obtain thorough insight into the collective dismissal procedure in each EU Member State, which can then be put to use by lawyers and solicitors specializing in labour law, in-house counsel and human resources professionals at multinational companies, regulatory authorities, and labour unions, as well as by universities and centres of research in the field of European law and labour law.
Book Synopsis Report on Collective Dismissals by : Nicola Countouris
Download or read book Report on Collective Dismissals written by Nicola Countouris and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This report was produced by a group of independent experts, all of them labour lawyers, and most of them academic labour lawyers, with a view to assisting the ILO in the context of the ongoing technical assistance programme developed with the Greek Government in a number of areas, including “labour legislation to regulate collective dismissals”. As is widely known, since May 2010 the Union's Euro-area Member States and the International Monetary Fund (IMF) have been providing financial support to Greece through an Economic Adjustment Programme in the context of a sharp deterioration in the country's financing conditions. This support has been accompanied by a request on the part of the lending institutions' representatives to implement a number of reforms aimed at improving the competitiveness of the Greek economy. Amongst a series of detailed specifications, Greece has been asked to adopt “reforms [that] will ease interpretation of and foster compliance with labour laws with a view to bring legislation in line with EU best practices, and to this end a review will be carried out [...], comparing Greek regulations on [...] collective dismissal rules and procedures, with those in other EU Member States”.
Book Synopsis Collective Dismissal in the European Union: A Comparative Analysis by : Roberto Cosio
Download or read book Collective Dismissal in the European Union: A Comparative Analysis written by Roberto Cosio and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: When business imperatives require large enterprises to reorganize, involving the reduction in staff legally characterized as collective dismissal, EU directives and laws across Europe mandate specific procedures to support workers who have been made redundant and impose sanctions where regulatory or judicial scrutiny uncovers violations. It is thus essential that a clearly defined framework of the laws and jurisprudence in force in each Member State be provided for businesses and their counsel to ensure compliance and avoid sanctions. This eminently practical book, the first and only book of its kind, provides exactly such an analysis. The book is structured on a country-by-country basis, with each chapter written by an expert in the country covered and responding concisely to such questions as the following: • How is ‘collective dismissal’ calculated? • Which issues regarding collective layoffs’ procedures trigger legal intervention? • What happens when enterprises provide incomplete or delayed information to labour unions or public officials? • When can a worker be reinstated or claim compensation? Each chapter clarifies the extent to which directives have been implemented in the Member States and whether the law in force provides workers with some more favourable treatments than EU actually requires. Jurisprudence and its practical application are analysed from the perspective of the ‘law in action’ rather than that of the ‘law in the books’. A concluding chapter examines global standards and trends in this area of law. There is no other publication fully devoted to the subject of collective dismissal, extensively elaborated and supported with case law. As a source of reliable information as manifested in the actions of judges, lawyers, solicitors, firms, and labour unions, this book has no peers. It will be welcomed and put to use by lawyers and solicitors specializing in labour law, in-house counsel and human resources professionals at multinational companies, regulatory authorities, and labour unions, as well as by universities and centres of research in the field of European law and labour law. The editors - Roberto Cosio, Filippo Curcuruto, Vincenzo Di Cerbo and Giovanni Mammone - all have extensive experience in judicial and administrative practice related to EU labour law, particularly in Italy. All are well-known authors in this field.
Book Synopsis Social Responsibility in Labour Relations by : Frans Pennings
Download or read book Social Responsibility in Labour Relations written by Frans Pennings and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1945, socially moderated market economies have formed the cornerstone of the European socioeconomic model. Now, however due to powerful global economic, political and demographic tendencies tensions between social and economic interests and values are increasing. These developments create an urgent need for answers, actions and measures on the European level. This wide-ranging but focused collection of essays approaches this important trend from multiple perspectives. Compiled in honour of the major European labour law scholar Teun Jaspers, it encompasses a broad spectrum of analyses and insights by forty-one distinguished contributors from seven countries. Four major tensions are identified: between the European and national level, between fundamental rights and economic freedoms, between workers and employers, and between soft and hard law instruments. Throughout, a comparative approach is emphasized, not only within the EU but also between the EU and China and South Africa. Among the many topics covered are the following: relocation of labour to low-wage countries both within and outside the EU; conditions for tempering the excesses of the free labour market; the legal weight of voluntary standards such as codes of conduct; extending the scope of application of corporate social responsibility norms to transnational enterprises; pressure on national social law due to flexibilization, deregulation and individualization; contract termination protection; employability and training of employees; fixed-term work in the wake of the Mangold ruling; adjustment of working conditions for ill and disabled workers; right to strike; and restructuring of enterprises. In light of the Lisbon strategy, the authors address how the various tensions should be reconciled, especially in the context of the flexicurity approach. The book will be of great interest to academics and practitioners for its clear categorization of the issues which must be overcome when regulating employment and social policy in the context of todayands EU multilevel legal order. It pays detailed attention to the legal questions raised by emerging European labour and employment policies in respect of their specific materialization, the opportunities they offer, their feasibility, and the threats they pose to traditional workerands protection and, more generally, to traditional concepts of labour law.
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.
Book Synopsis Collective Bargaining and Employment in Europe by : Armand Spineux
Download or read book Collective Bargaining and Employment in Europe written by Armand Spineux and published by Presses univ. de Louvain. This book was released on 2002 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt: Does collective bargaining play a role in employment in the European Union today? The European Employment Strategy implemented in the European Union since 1997 invites social partners in all member states to participate in the promotion of employment at all levels. Is this the role of trade unions and employers organisations? Do social partners in the member states negotiate employment? Do they contribute to an objective of full employment? Do they want to improve 'employability'? Do they, finally, negotiate and reach agreements on such issues? Building on a in-depth study conducted by a European-scale network of experts for the DG Employment and Social Affairs of the European Commission, this report addresses these crucial issues. It analyses processes of collective bargaining and agreements on employment in the fifteen member states in 2000 and 2001. It includes national insights as well as comparative analyses of current trends. Researchers at the Institut des Sciences du Travail, a Department of the Catholic University of Louvain, here produce a fourth review of recent developments observed in the field of employment bargaining in Europe. This analysis, which has been conducted at the request of DG Employment and Social Affairs, focuses on agreements negotiated in the field of employment, and on the identification of the coordination mechanisms that structure these negotiations. The study contains 15 national contributions.
Book Synopsis Workforce Restructuring in Europe by : Miller Rosenfalck LLP
Download or read book Workforce Restructuring in Europe written by Miller Rosenfalck LLP and published by Bloomsbury Publishing. This book was released on 2016-05-03 with total page 1027 pages. Available in PDF, EPUB and Kindle. Book excerpt: The brand new title that provides practical employment law guidance on HR restructuring matters across 30 European jurisdictions. Offering straightforward information on issues which are commonly faced by businesses during various kinds of restructuring, it looks at: the reorganisation of a workplace or group of companies; downsizing or closure of a business; restructuring due to relocation; and when outsourcing is being considered. The book assists readers to focus on what needs to be done 'now' as well as to plan for the timing, consultation, costs, morale implications and processes involved in each stage of the restructure. Individual 'State' chapters aid practical comparison These scenarios are examined across the 28 EU member states plus Norway and Switzerland, each in their own chapter, to allow for practical comparison across various jurisdictions. An introductory chapter on EU minimum standards helps the reader to place each country within the context of EU law. Each chapter follows the same template to allow for easy comprehension of how to approach the same issue across borders. They cover: -Employment Status -Process for individual redundancies -Process for collective redundancies -Works Council and consultation requirements -Employment implications of business transfers -Unilateral and mutually agreed changes to terms and conditions of employment Local status of legislation and case law To keep the book user-friendly, legislation and case law are addressed in such a way that presents the current local primary and secondary status of each, without excessive use of unnecessary citations. Who should consider buying this book? This is an essential title for all employment law practitioners and HR specialists who work for, or advise, businesses that have offices in multiple European states.
Book Synopsis Collective Dismissals for Redundancy by : Ezio-Maria Mazzalupi
Download or read book Collective Dismissals for Redundancy written by Ezio-Maria Mazzalupi and published by . This book was released on 1988 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Employment Privacy Law in the European Union by : Catarina Castro
Download or read book Employment Privacy Law in the European Union written by Catarina Castro and published by Intersentia nv. This book was released on 2002 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains the national reports and a comparative synthesis regarding the employment privacy law in the European Union. It reflects the background research that has been undertaken to prepare a European study conducted with the support of the European Commission, DG Employment, and Social Affairs. The main purpose of this research has been to undertake a comparative study in the European Union on the issue of the protection of workers' personal data, more in particular concerning the case of surveillance and monitoring. The study has focused on the situation in the various Member States of the European Union and has aimed to focus on the extent of the Member State laws and guidelines in this area, on whether such laws or existing guidelines adequately protect the worker, and on suggestions or recommendations or appropriate guidelines that would ensure suitable protection for the worker in relation to his or her monitoring and surveillance by the employer. The research has been undertaken under the supervision of the editor with the cooperation of the contributors who are all specialists in the field of employment privacy. Each expert has prepared a country study regarding the situation in the relevant Member State. The national research activities have resulted in a general discussion at a closed expert meeting on 4 and 5 October 2001, organised at the Law Faculty of the University of Leuven (Belgium). During this seminar, country surveys have been further explained and discussed, and policy options or suggestions have been looked upon in the examined field of study. The comparative overview departs from the horizontal approach of comparativism. This means that it integrates all relevant information regarding Member States horizontally, throughout the general theme and its appropriate subthemes. Contributions to this book are made by: C. Castro, X.C. Vásquez, M. Colucci, M. Forde, A. Höland, T. Homan, A. Johansson, L. Kanellos, J. Kristiansen, N. Melzer, G. Morris, S. Nerbonne, A. von Koskull.
Book Synopsis European Labour Law and the EU Charter of Fundamental Rights by : Brian Bercusson
Download or read book European Labour Law and the EU Charter of Fundamental Rights written by Brian Bercusson and published by Nomos Verlagsgesellschaft. This book was released on 2006 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.
Book Synopsis Termination of Employment Relationships by :
Download or read book Termination of Employment Relationships written by and published by Official Publications of European Communities. This book was released on 1997 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Transnational, European, and National Labour Relations by : Gerald G. Sander
Download or read book Transnational, European, and National Labour Relations written by Gerald G. Sander and published by Springer. This book was released on 2018-06-22 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book employs an innovative approach to explore the topic of flexicurity and related changes in the working world, the importance of which for the overall economic and social development is gradually being recognised. It focuses on the changing nature of work and its impact on EU law and national labour and social security laws. Though the transformation of regulatory and institutional frameworks of labour relations follows different patterns in different EU Member States, it is nevertheless a common phenomenon that offers an excellent opportunity for mutual learning experiences and comparing notes on best practices. Taking these ideas as a starting point, the book presents a collection of research on various aspects and implications of changing labour relations in the EU Member States. The opening chapters address the internal market dimension of the transformation of employment relations by investigating how social dumping, integration of migrant workers, and cross-border mergers influence national labour policies and laws. The book further analyses linguistic and terminological challenges in the field of labour law in the EU’s multi-lingual legal environment. Subsequent chapters cover various theoretical and practical issues, such as the impact of chain-liability regulatory models on the legal situation of workers in subcontracting networks, and modern work arrangements in the collaborative or ‘gig’ economy. Other chapters are dedicated to issues of jurisdiction and law applicable to individual employment contracts, as well as alternative resolution mechanisms in labour disputes. The next section offers fresh insights on and a critical overview of the well-known Danish and Dutch models of flexicurity, often cited as role models for reforms of labour markets in other EU Member States. Three individual chapters investigate specific aspects of flexicurity in Croatia, in terms of individual dismissals, life-long learning and the impact of non-standard employment on future pension entitlements. One paper explores temporary agency work in Germany as an important instrument of flexicurity, while another discusses various forms of work used in Slovenia in the context of flexibilization of work relations. Many challenges still lie ahead, and the primary aim of this book is to provide a solid basis for informed future discussions.
Book Synopsis Fixed Term Contracts and Labour Market Efficiency in the European Union by : Klaus Schömann
Download or read book Fixed Term Contracts and Labour Market Efficiency in the European Union written by Klaus Schömann and published by . This book was released on 1995 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Age Discrimination Against Older Workers in the European Community by : Elizabeth Drury
Download or read book Age Discrimination Against Older Workers in the European Community written by Elizabeth Drury and published by . This book was released on 1993 with total page 92 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on national reports from 11 EC countries and from the USA.
Book Synopsis Comparative Employment Relations by : Jack Eaton
Download or read book Comparative Employment Relations written by Jack Eaton and published by Polity. This book was released on 2000-08-08 with total page 240 pages. Available in PDF, EPUB and Kindle. Book excerpt: This major new textbook provides a concise introduction to employment and industrial relations. Unlike many other textbooks, this adopts a comparative approach, examining the changing nature of employment practices in relation to the processes of globalization, and engaging critically with the literature on Human Resource Management. By taking account of the international dimension of employment relations, this book is at the forefront of new developments in the field. The thematic approach of Comparative Employment Relations makes it distinctive from the country-by-country studies of this topic. Jack Eaton synthesizes recent work in the field to establish a basis for further study in the most important areas of industrial relations, including Japanese-style employment practices; comparative collective bargaining; the rules of employment and routes to skill formation; collective labour law; globalization and transnational companies. He concludes by examining the prospects for comparative employment relations. By equipping students with a set of useful concepts and perspectives, this book will give them the confidence to explore the now extensive international literature on employment management, and to utilize the methods of comparative analysis in their own work. This book will be essential reading for second- and third-year undergraduates studying business, management, economics and the sociology of work and industry.
Book Synopsis The Role of the Court of Justice in EU Labour Law by : Silvia Rainone
Download or read book The Role of the Court of Justice in EU Labour Law written by Silvia Rainone and published by Kluwer Law International B.V.. This book was released on 2023-05-17 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.
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 435 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.
