Emerging Trends In Employment And Labor Law
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Author | : Tamás Gyulavári |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 634 |
Release | : 2019-12-06 |
Genre | : Law |
ISBN | : 9403502045 |
Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.
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Total Pages | : 132 |
Release | : 2003 |
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Author | : United States. Congress. House. Committee on Education and the Workforce. Subcommittee on Employer-Employee Relations |
Publisher | : |
Total Pages | : 320 |
Release | : 2002 |
Genre | : Industrial relations |
ISBN | : |
Author | : Richard Bales |
Publisher | : Cambridge University Press |
Total Pages | : 435 |
Release | : 2019-12-05 |
Genre | : Law |
ISBN | : 1108428835 |
Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.
Author | : United States. Congress. House. Committee on Education and the Workforce. Subcommittee on Employer-Employee Relations |
Publisher | : |
Total Pages | : |
Release | : 2002 |
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ISBN | : 9780160692499 |
Author | : Seth D. Harris |
Publisher | : |
Total Pages | : 0 |
Release | : 2016 |
Genre | : Labor laws and legislation |
ISBN | : 9781632849663 |
This Document Supplement accompanies the third edition of Modern Labor Law in the Private and Public Sectors: Cases and Materials (2021).
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Total Pages | : 0 |
Release | : 2024 |
Genre | : |
ISBN | : 9781839183447 |
Author | : Marilyn Jane Pittard |
Publisher | : |
Total Pages | : 1095 |
Release | : 2014-12-24 |
Genre | : Industrial laws and legislation |
ISBN | : 9780409336016 |
Aust Labour & Employment Law
Author | : Katherine V.W. Stone |
Publisher | : Russell Sage Foundation |
Total Pages | : 438 |
Release | : 2013-02-14 |
Genre | : Business & Economics |
ISBN | : 1610448030 |
During the middle third of the 20th century, workers in most industrialized countries secured a substantial measure of job security, whether through legislation, contract or social practice. This “standard employment contract,” as it was known, became the foundation of an impressive array of rights and entitlements, including social insurance and pensions, protection against unsociable working conditions, and the right to bargain collectively. Recent changes in technology and the global economy, however, have dramatically eroded this traditional form of employment. Employers now value flexibility over stability, and increasingly hire employees for short-term or temporary work. Many countries have also repealed labor laws, relaxed employee protections, and reduced state-provided benefits. As the old system of worker protection declines, how can labor regulation be improved to protect workers? In Rethinking Workplace Regulation, nineteen leading scholars from ten countries and half a dozen disciplines present a sweeping tour of the latest policy experiments across the world that attempt to balance worker security and the new flexible employment paradigm. Edited by noted socio-legal scholars Katherine V.W. Stone and Harry Arthurs, Rethinking Workplace Regulation presents case studies on new forms of dispute resolution, job training programs, social insurance and collective representation that could serve as policy models in the contemporary industrialized world. The volume leads with an intriguing set of essays on legal attempts to update the employment contract. For example, Bruno Caruso reports on efforts in the European Union to “constitutionalize” employment and other contracts to better preserve protective principles for workers and to extend their legal impact. The volume then turns to the field of labor relations, where promising regulatory strategies have emerged. Sociologist Jelle Visser offers a fresh assessment of the Dutch version of the ‘flexicurity’ model, which attempts to balance the rise in nonstandard employment with improved social protection by indexing the minimum wage and strengthening rights of access to health insurance, pensions, and training. Sociologist Ida Regalia provides an engaging account of experimental local and regional “pacts” in Italy and France that allow several employers to share temporary workers, thereby providing workers job security within the group rather than with an individual firm. The volume also illustrates the power of governments to influence labor market institutions. Legal scholars John Howe and Michael Rawling discuss Australia's innovative legislation on supply chains that holds companies at the top of the supply chain responsible for employment law violations of their subcontractors. Contributors also analyze ways in which more general social policy is being renegotiated in light of the changing nature of work. Kendra Strauss, a geographer, offers a wide-ranging comparative analysis of pension systems and calls for a new model that offers “flexible pensions for flexible workers.” With its ambitious scope and broad inquiry, Rethinking Workplace Regulation illustrates the diverse innovations countries have developed to confront the policy challenges created by the changing nature of work. The experiments evaluated in this volume will provide inspiration and instruction for policymakers and advocates seeking to improve worker’s lives in this latest era of global capitalism.
Author | : Michael L. Wachter |
Publisher | : Edward Elgar Publishing |
Total Pages | : 521 |
Release | : 2012-01-01 |
Genre | : Law |
ISBN | : 1781006113 |
ÔWachter and Estlund have assembled a feast on the economic analysis of issues in labor and employment law for scholars and policy-makers. The volume begins with foundational discussions of the economic analysis of the individual employment relationship and collective bargaining. It then progresses to discussions of the theoretical and empirical work on a wide range of important labor and employment law topics including: union organizing and employee choice, the impact of unions on firm and economic performance, the impact of unions on the enforcement of legal rights, just cause for dismissal, covenants not to compete and employment discrimination. Anyone who wants to study what economists have to say on these topics would do well to begin with this collection.Õ Ð Kenneth G. Dau-Schmidt, Indiana University Bloomington School of Law, US This Research Handbook assembles the original work of leading legal and economic scholars, working in a variety of traditions and methodologies, on the economic analysis of labor and employment law. In addition to surveying the current state of the art on the economics of labor markets and employment relations, the volumeÕs 16 chapters assess aspects of traditional labor law and union organizing, the law governing the employment contract and termination of employment, employment discrimination and other employer mandates, restrictions on employee mobility, and the forum and remedies for labor and employment claims. Comprising a variety of approaches, the Research Handbook on the Economics of Labor and Employment Law will appeal to legal scholars in labor and employment law, industrial relations scholars and labor economists.