Research Handbook on Transnational Labour Law

Author: Adelle Blackett,Anne Trebilcock

Publisher: Edward Elgar Publishing

ISBN: 178254979X

Category: LAW

Page: 608

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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.

The Changing Face of European Labour Law and Social Policy

Author: Alan C. Neal

Publisher: Kluwer Law International B.V.

ISBN: 9041123121

Category: Law

Page: 169

View: 7847

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In the realm of European employment law, tension exists between the concepts of 'economic policy' and 'social policy.' During recent years, a growing tendency to emphasize the 'economic' at the expense of the 'social' can be discerned. What this trend gives us'in the views of the leading figures in the field of European labour law and social policy whose considered analyses are presented in this volume'is a regime of 'grand declarations' about workers' rights, but with extremely limited enforcement potential. ,i>The Changing Face of European Labour Law and Social Policy presents some of the papers given at a series of colloquia sponsored by the Employment Law Research Unit at the University of Warwick in early 2002. In its assessment of the forces at work in European employment law today, these commentaries examine significant initiatives and issues, including:problems arising in the context of the Nice Charter;delivering 'equality' at the workplace under the new EU legal framework;the crisis facing workers' participation in practice;the prospects for trans-national collective bargaining;employment-related aspects of human rights under the ECHR; and,attempts to establish effective protections in relation to the working environment. Invaluable appendices include a report, as presented by the late Marco Biagi, of a high level group on reform of the European labour market; the text of the Social Policy Agenda, as approved at the Nice Summit of 2000; and the Commission's 'scoreboard' on the implementation of the Social Agenda as of 2002.With its down-to-earth analysis of the current status of the 'floor of rights' in the European work environment, The Changing Face of European Labour Law and Social Policy will be of inestimable value to all practitioners and scholars seeking to improve the quality of life for Europe's working population and the quality of regulation at the disposal of those charged with confronting the new challenges to social policy resulting from the radical transformation of Europe's economy and society.

Transnational Labour Law

Author: Antonio Ojeda Avilés,Antonio Ojeda-Avilés

Publisher: Kluwer Law International

ISBN: 9789041158581

Category: Law

Page: 320

View: 9784

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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.

Transnational Labour Regulation

A Case Study of Temporary Agency Work

Author: Kerstin Ahlberg

Publisher: Peter Lang

ISBN: 9789052014173

Category: Law

Page: 376

View: 2527

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This book illuminates the process and substance of transnational regulation of labour in a global economy. Transnational labour regulation, a central feature of the European social model, engages the 27 Member States of the European Union, and is of potential importance to the rest of the world. The book analyses the attempts at transnational regulation of temporary agency work through the social dialogue between trade unions and employers' organisations at European level and the subsequent - and so far fruitless - EU legislative process. These two processes of transnational labour regulation, and their interaction, until now have been largely invisible. The book also highlights distinctive features of Member States' national regulation as they interacted with the debates on EU transnational labour regulation. It further explores the overlap between regulation of temporary agency work and the EU's regulation of transnational trade in services, the subject of the Directive on services in the internal market. Finally, it draws lessons from the experience of regulation of temporary agency work at national and European levels for transnational labour regulation in general.

Normative Patterns and Legal Developments in the Social Dimension of the EU

Author: Ann Numhauser-Henning,Mia Rönnmar

Publisher: Bloomsbury Publishing

ISBN: 1782251928

Category: Law

Page: 282

View: 6704

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This book explores the normative and legal evolution of the Social Dimension - labour law, social security law and family law - in both the EU and its Member States, during the last decade. It does this from a wide range of theoretical and legal-substantive perspectives. The past decade has witnessed the entering into force of the Lisbon Treaty and its emphasis on fundamental rights, a new coordination regulation within the field of social security (Regulation 883/2004/EC), and the case law of the Court of Justice of the European Union in the so-called Laval Quartet. Furthermore structural changes affecting demographics and family have also challenged solidarity in new ways. The book is organised by reference to distinct 'normative patterns' and their development in the fields of law covered, such as the protection of established groups, the position of market functional values and the scope for just distribution. The book represents an innovative and important interdisciplinary approach to analysing EU law and Social Europe, and contributes a complex, yet thought-provoking, picture for the future. The contributors represent an interesting mix of well-known and distinguished as well as upcoming and promising researchers throughout Europe and beyond.

Comparative Employment Relations in the Global Economy

Author: Carola Frege,John Kelly

Publisher: Routledge

ISBN: 1135020949

Category: Business & Economics

Page: 468

View: 8442

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"Employment Relations" is widely taught in business schools around the world. Increasingly however more emphasis is being placed on the comparative and international dimensions of the relations between employers and workers. It is becoming ever more important to comprehend today’s work and employment issues alongside a knowledge of the dynamics between global financial and product markets, global production chains, national and international employment actors and institutions and the ways in which these relationships play out in different national contexts. This textbook is the first to present a cross-section of country studies, including all four BRIC countries, Brazil, Russia, India and China alongside integrative thematic chapters covering all the important topics needed to excel in this field. The textbook also benefits from the editors' and contributors' experience as leading scholars in Employment Relations. The book is an ideal resource for students on advanced undergraduate and postgraduate comparative programmes across areas such as Employment Relations, Human Resource Management, Political Economy, Labour Politics, Industrial and Economic Sociology, Regulation and Social Policy.

European Labour Law

Author: Brian Bercusson

Publisher: Cambridge University Press

ISBN: 0521613507

Category: Law

Page: 752

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This extensively updated second edition explores how individual European labour law systems combine to produce a distinctly European transnational system.

Migrants at Work

Immigration and Vulnerability in Labour Law

Author: Cathryn Costello,Mark Freedland

Publisher: OUP Oxford

ISBN: 0191023523

Category: Law

Page: 414

View: 2183

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There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labour rights and how the regulation of migration increasingly impacts upon employment and labour relations. Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labour law. Chapters cover the labour laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labour law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.

International Labour Law

Author: N. Valticos

Publisher: Springer Science & Business Media

ISBN: 9401744025

Category: Law

Page: 267

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This text was prepared as a monograph for the International Encyclopaedia for Labour Law and Industrial Relations. It is based on a more detailed work which appeared in French in 1970 and in Spanish in 1977. The material was brought up to date and recast to correspond to the type of monographs con tained in the Encyclopaedia, which were aimed at providing concise, but reasonably detailed information and analysis of national laws and practice. Thus indications concerning the historical background, important as they may be in the present case, as well as the discussion of a number of theoretical questions, have had to be considerably reduced. However, detailed, up-to date information is provided on the system of international labour standards and on the substantive provisions of the most important of these international instruments. As part of the Encyclopaedia for Labour Law and Industrial Relations, the present study will most probably reach those engaged in research in the field of labour law, as well as many employers' organisations and a large section of the trade union movement. However, it has been considered useful to publish the study also in book form to facilitate its use in wider circles such as university teachers and students, diplomats, politicians, international lawyers, and those engaged in daily trade union activities. Table of Contents List of Abbreviations 15 Introduction 17 CHAPTER I. HISTORICAL AND GENERAL BACKGROUND 17 § 1. Definition 17 §2. Historical development 17 §3.

Social Responsibility in Labour Relations

European and Comparative Perspectives

Author: Frans Pennings

Publisher: Kluwer Law International B.V.

ISBN: 9041127836

Category: Law

Page: 532

View: 1661

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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 todayand’s 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 workerand’s protection and, more generally, to traditional concepts of labour law.

Party Autonomy and the Role of Information in the Internal Market

Author: Stefan Grundmann,Wolfgang Kerber,Stephen Weatherill

Publisher: Walter de Gruyter

ISBN: 3110873036

Category: Law

Page: 422

View: 7333

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Examination of Party Autonomy and its limits has always raised fundamental questions in national contract and private law. The concentration on information solutions which enhance and leave more space to party autonomy is a fundamentally new approach to this core issue and is typical of Community legislation. The complexity of the question made it advisable to have the different aspects treated and discussed by specialists in different areas: by legal scholars and economists, by EC law and by contract law specialists, by scholars from different jurisdictions with different regulatory approaches and backgrounds. The four parts deal with (1) the economic and constitutionell foundations of the question, with (2) the framework to be found in EC treaty law, with (3) the fundamental and more general aspects relating to substantive EC contract law legislation, and with (4) the most important individual legal measures. The book covers both general contract law (with consumer contracts) and labour contract law.

Labour Law in an Era of Globalization

Transformative Practices and Possibilities

Author: Joanne Conaghan,Richard Michael Fischl,Karl Klare

Publisher: Oxford University Press on Demand

ISBN: 9780199271818

Category: Language Arts & Disciplines

Page: 546

View: 7204

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Throughout the industrial world, the discipline of labour law has fallen into deep philosophical and policy crisis, at the same time as new theoretical approaches make it a field of considerable intellectual ferment. Modern labour law evolved in a symbiotic relationship with a postwarinstitutional and policy agenda, the social, economic, and political underpinnings of which have gradually eroded in the context of accelerating international economic integration and wage-competition, a decline in the capacity of the nation-state to steer economic progress, the ascendancy of fiscalausterity and monetarism over Keynesian/welfare state politics, the appearance of post-industrial production models, the proliferation of contingent employment relationships, the fragmentation of class-based identities and emergence of new social movements, and the significantly increasedparticipation of women in paid work.These developments offer many appealing possibilities - the opportunity, for example, to contest the gender division of labour and re-think the boundaries between immigration and labour policy. But they also hold out quite threatening prospects - including increased unemployment and inequality andthe decline of workers' organizations and social participation - in the context of proliferating constraints imposed by international financial pressures on enacting redistributive social and economic policies. New strategies must be developed to meet these challenges. These essays - which are the product of a transnational comparative dialogue among academics and practitioners in labour law and related legal fields, including social security, immigration, trade, and development - identify, analyse, and respond to some of the conceptual and policy challenges posedby globalization.

Transnational Migration and Work in Asia

Author: Kevin Hewison,Ken Young

Publisher: Routledge

ISBN: 1134204086

Category: Political Science

Page: 256

View: 1483

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Focusing on the issues associated with migrating for work both in and from the Asian region, this book sheds light on the debate over migration and trafficking. With contributions from an international team of well-known scholars, the book sets labour migration firmly within the context of globalization, providing a focused, contemporary discussion of what is undoubtedly a major twenty-first century concern. Transnational Migration and Work in Asia analyzes workers motivations and rationalities, highlighting the similarities of migration experiences throughout Asia. Presenting in-depth case studies of the real-life experiences and problems faced by migrant workers, the book discusses migrants’ relations with the state and their vulnerability to exploitation, as well as the major policy issues now facing governments, employers, NGOs and international agencies.

The European Crisis and the Transformation of Transnational Governance

Authoritarian Managerialism versus Democratic Governance

Author: Christian Joerges,Carola Glinski

Publisher: Bloomsbury Publishing

ISBN: 1782254919

Category: Law

Page: 328

View: 5637

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The debate on law, governance and constitutionalism beyond the state is confronted with new challenges. In the EU, confidence in democratic transnational governance has been shaken by the authoritarian and unsocial practices of crisis management. The ambition of this book, which builds upon many years of close co-operation between its contributors, is to promote a viable interdisciplinary alternative to these developments. "Conflicts-law constitutionalism�? is a concept of transnational governance which derives democratic legitimacy from the supranational control of the external impact of national decision-making, on the one hand, and the co-operative responses to problem interdependencies on the other. The first section of the book contrasts Europe's new modes of economic governance and crisis management with the conditionality of international investments, and reflects upon the communalities and differences between emergency Europe and global exceptionalism. Subsequent sections substantiate the problématique of executive and technocratic rule, explore conflict constellations of prime importance in the fields of environmental and labour law, and discuss the impact and limits of liberalisation strategies. Throughout the book, European and transnational developments are compared and evaluated.

New Governance and the European Employment Strategy

Author: Samantha Velluti

Publisher: Routledge

ISBN: 1136927786

Category: Law

Page: 328

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This book examines the European Strategy for Employment (EES) and its implementation through the Open Method of Coordination, exploring what the EES reveals about recent developments in EU social governance, and offering new insights and fresh perspectives into the operation of New Governance and its relationship with law and constitutionalism.

Multinational Human Resource Management and the Law

Common Workplace Problems in Different Legal Environments

Author: Matthew W. Finkin,Joel Cutcher-Gershenfeld,Takashi Araki,Roberto Fragale Filho,Andrew Stewart,Bernd Waas

Publisher: Edward Elgar Publishing

ISBN: 1781004129

Category: Business & Economics

Page: 448

View: 1810

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Multinational corporations face considerable complexity in setting the terms and conditions of employment. Differing national laws prevent firms from developing consistent sets of employment policies, but, at the same time, employees are often expected

Collective Bargaining and Wages in Comparative Perspective

Germany, France, the Netherlands, Sweden and the United Kingdom

Author: Roger Blanpain,Thomas Blanke,Edgar Rose,Kerstin Ahlberg

Publisher: Kluwer Law International B.V.

ISBN: 9041123881

Category: Business & Economics

Page: 177

View: 9134

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Remarkably, the core element of labour relations?wage determination?has been excluded from the European social dialogue about harmonisation of working conditions and national systems of social security. The present study responds by analysing the prospects of building up structures of wage formation in Europe through a reevaluation of collective bargaining and collective agreements as they exist under the law of the most industrialized Member States. The impetus for the study is the widely debated crisis of the system of concluding regional collective agreements on wages. Social partners seem to have been trapped in fruitless conflicts on how the system must be reformed. It has become obvious that no party concerned employers, trade unions, the state has the capacity to resolve the growing difficulties of collective wage formation. In an introductory essay by the distinguished editors, this important study takes the situation in Germany, the most prominent manifestation of this European crisis, as its starting point. Then, academic experts from France, the United Kingdom, the Netherlands, and Sweden describe comparable problems in their own countries, detail approaches to dealing with them, and provide a critical commentary, including judgements and suggestions in relation to the German case. Then follows a reexamination of the situation in Germany in the light of the experience of the other countries. A final chapter outlines some preliminary interpretations of European prospects. Salient issues investigated include the following: the erosion of such ideological and legal categories and concepts as `dependent work, `solidarity', `subsidiarity' and `social self-regulation' as preconditions of traditional collective bargaining structures at national level; the decreasing membership of the bargaining partners on both sides; the shrinking rate of employees covered by collective agreements; attempts to establish a national social pact; increasing competition on global markets; decentralizing management strategies, including the abandonment of collective bargaining; and, individualized employees. The authors examine the various state structures to determine if the legal and institutional developments of the different national systems of collective bargaining constitute starting points for mutual learning in order to meet the new challenges. This leads to a discussion of which practices are successful in their original environment, and how these practices might adapt to other systems in other countries.

The Transformation of Labour Law in Europe

A Comparative Study of 15 Countries 1945-2004

Author: Bob Hepple,Bruno Veneziani

Publisher: Bloomsbury Publishing

ISBN: 1847315356

Category: Law

Page: 412

View: 5090

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The labour laws of European democracies all underwent major transformations in the seven decades after the Second World War. Following reconstruction, these laws became an essential element in the building of welfare states; in the 1980s and 1990s they were the target of neo-liberal deregulation; and at the beginning of the 21st century new 'flexible' labour laws have attempted to integrate economic and social policy. This book, a sequel to 'The Making of Labour Law in Europe- A Comparative Study of Nine Countries up to 1945' (ed. B Hepple), compares the similarities and differences in the ways in which EU Member States reflected and shaped these general developments, in the context of economic, social and political changes over the period 1945-2004. Note: the Publishers are issuing a reprint of the first volume, 'The Making of Labour Law in Europe - A Comparative Study of Nine Countries up to 1945' to coincide with publication of the sequel. The great strength of the collection is on the focus on context, with chapters looking at developments in labour market trends and structures of worker represntation.

Critical Legal Perspectives on Global Governance

Liber Amicorum David M Trubek

Author: Gráinne de Búrca,Claire Kilpatrick,Joanne Scott

Publisher: Bloomsbury Publishing

ISBN: 1782252878

Category: Law

Page: 482

View: 489

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This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problématique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.