Collective Bargaining for Self-Employed Workers in Europe

Collective Bargaining for Self-Employed Workers in Europe
Author: Bernd Waas
Publisher: Kluwer Law International B.V.
Total Pages: 480
Release: 2021-02-16
Genre: Law
ISBN: 9403523743

Collective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.

An Introduction to U.S. Collective Bargaining and Labor Relations

An Introduction to U.S. Collective Bargaining and Labor Relations
Author: Harry C. Katz
Publisher: Cornell University Press
Total Pages: 487
Release: 2017-09-15
Genre: Political Science
ISBN: 1501713892

This comprehensive textbook provides an introduction to collective bargaining and labor relations with a focus on developments in the United States. It is appropriate for students, policy analysts, and labor relations professionals including unionists, managers, and neutrals. A three-tiered strategic choice framework unifies the text, and the authors’ thorough grounding in labor history and labor law assists students in learning the basics. In addition to traditional labor relations, the authors address emerging forms of collective representation and movements that address income inequality in novel ways. Harry C. Katz, Thomas A. Kochan, and Alexander J. S. Colvin provide numerous contemporary illustrations of business and union strategies. They consider the processes of contract negotiation and contract administration with frequent comparisons to nonunion practices and developments, and a full chapter is devoted to special aspects of the public sector. An Introduction to U.S. Collective Bargaining and Labor Relations has an international scope, covering labor rights issues associated with the global supply chain as well as the growing influence of NGOs and cross-national unionism. The authors also compare how labor relations systems in Germany, Japan, China, India, Brazil, and South Africa compare to practices in the United States. The textbook is supplemented by a website (ilr.cornell.edu/scheinman-institute/research/introduction-us-collective-bargaining-and-labor-relations) that features an extensive Instructor’s Manual with a test bank, PowerPoint chapter outlines, mock bargaining exercises, organizing cases, grievance cases, and classroom-ready current events materials.

Managing Human Resources and Collective Bargaining

Managing Human Resources and Collective Bargaining
Author: Daniel R. Tomal
Publisher: Rowman & Littlefield
Total Pages: 213
Release: 2013
Genre: Education
ISBN: 1475802633

Daniel Tomal Ph.D., CHOICE award winning author, has teamed up with Craig A. Schilling Ed.D., a national school resource expert, to write a comprehensive book on managing human resources and collective bargaining. Everything you need to know on managing human resources and collective bargaining are covered: planning human resources, recruiting, selecting, mentoring, professional development, benefits and compensation, unions and bargaining, and more.

An Introduction to Collective Bargaining and Industrial Relations

An Introduction to Collective Bargaining and Industrial Relations
Author: Harry Charles Katz
Publisher: Irwin/McGraw-Hill
Total Pages: 522
Release: 2004
Genre: Business & Economics
ISBN:

Covers key topics in industrial relations and collective bargaining using a conceptual framework based on the strategic, functional, and workplace levels. This book includes discussion on International and comparative labor relations, and reorganizations in the process and outcome of bargaining, including the participatory process.

Collective Bargaining in the Private Sector

Collective Bargaining in the Private Sector
Author: Paul F. Clark
Publisher: Cornell University Press
Total Pages: 388
Release: 2002
Genre: Business & Economics
ISBN: 9780913447840

Private-sector collective bargaining in the United States is under siege. Many factors have contributed to this situation, including the development of global markets, a continuing antipathy toward unions by managers, and the declining effectiveness of strikes. This volume examines collective bargaining in eight major industries--airlines, automobile manufacturing, health care, hotels and casinos, newspaper publishing, professional sports, telecommunications, and trucking--to gain insight into the challenges the parties face and how they have responded to those challenges.The authors suggest that collective bargaining is evolving differently across the industries studied. While the forces constraining bargaining have not abated, changes in the global environment, including new security considerations, may create opportunities for unions. Across the industries, one thing is clear--private-sector collective bargaining is rapidly changing.

The Sources of Labour Law

The Sources of Labour Law
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.

Collective Bargaining in Higher Education

Collective Bargaining in Higher Education
Author: Daniel J. Julius
Publisher: Routledge
Total Pages: 347
Release: 2021-11-10
Genre: Education
ISBN: 1000466183

This is one of the first compilations on collective bargaining in higher education reflecting the work of scholars, practitioners, and employer and union advocates. It offers a practical and comprehensive resource to higher education leaders responsible for developing, managing, and maintaining collective bargaining relationships with academic personnel. Offering views from an experienced and diverse group, this book explores how to manage relationships in collaborative, transparent, and equitable ways, best practices for meaningful outcome measures, and approaches for framing collective bargaining as a long-term process that benefits the institution. This volume provides an overview of the contemporary landscape, benchmark measures of success, and practical advice focusing on advancing collaborative, equitable, and sustainable labor relations approaches in higher education. Designed for administrators, union leaders, elected officials, and policy makers, at all stages of their careers as well as for faculty and students in graduate programs, this volume serves as an invaluable resource for those who endeavor to conceptualize, conduct, manage, and implement collective bargaining in more mutually effective and beneficial ways for all parties.

Collective Bargaining and Gender Equality

Collective Bargaining and Gender Equality
Author: Jane Pillinger
Publisher:
Total Pages: 0
Release: 2019
Genre: BUSINESS & ECONOMICS
ISBN: 9781788210768

This book looks how trade unions and other membership based workers' organizations worldwide may support gender equality. Traditionally, collective agreements cover only male dominated industries and the public sector and sub-contracted workers are usually not included. However, collective bargaining agendas more often address issues such as workplace discrimination, equal pay for equal work and female leadership. The book considers new ways of organizing workers in informal employment and the support by trade unions in networks developed with ngo's. Concluded is that a broader perspective focusing on citizen's and labour rights is crucial for amplying the the effect of collective bargaining on gender equality in the future.