Tratado De Derecho Del Trabajo Y De La Seguridad Social
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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.
Author | : Eri Kasagi |
Publisher | : Springer Nature |
Total Pages | : 309 |
Release | : 2020-09-20 |
Genre | : Law |
ISBN | : 3030505472 |
This book addresses the universal and topical question of solidarity across generations from a comparative perspective, with a particular focus on the legal issues concerning retirement pensions, the poverty in the elderly, long-term care, as well as state interventions and family support for those at risk. Drawing on insights from the interface between family law, administrative law and social law, it examines 13 countries on different continents, and also briefly covers a number of additional countries in the introduction. This book is a based on the discussions and exchanges at the 20th General Congress of the International Academy of Comparative Law, in Fukuoka, Japan.
Author | : Emilio Morgado-Valenzuela |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 480 |
Release | : 2022-08-20 |
Genre | : Law |
ISBN | : 9403548142 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Chile not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Chile, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
Author | : |
Publisher | : Siglo del Hombre Editores |
Total Pages | : 223 |
Release | : |
Genre | : |
ISBN | : |
Author | : Leon Fink |
Publisher | : University of Illinois Press |
Total Pages | : 467 |
Release | : 2017-12-21 |
Genre | : Political Science |
ISBN | : 0252050118 |
Opinions of specialized labor courts differ, but labor justice undoubtedly represented a decisive moment in worker 's history. When and how did these courts take shape? Why did their originators consider them necessary? Leon Fink and Juan Manuel Palacio present essays that address these essential questions. Ranging from Canada and the United States to Chile and Argentina, the authors search for common factors in the appearance of labor courts while recognizing the specific character of the creative process in each nation. Their transnational and comparative approach advances a global perspective on the various mechanisms for regulating industrial relations and resolving labor conflicts. The result is the first country-by-country study of its kind, one that addresses a defining shift in law in the first half of the twentieth century. Contributors: Rossana Barragán Romano, Angela de Castro Gomes, David Díaz-Arias, Leon Fink, Frank Luce, Diego Ortúzar, Germán Palacio, Juan Manuel Palacio, William Suarez-Potts, Fernando Teixeira da Silva, Victor Uribe-Urán, Angela Vergara, and Ronny J. Viales-Hurtado.
Author | : |
Publisher | : |
Total Pages | : 364 |
Release | : 1977 |
Genre | : Aliens |
ISBN | : |
Author | : Pablo Ferrara |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 316 |
Release | : 2020-01-16 |
Genre | : Law |
ISBN | : 9403519649 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides a systematic approach to legislation and legal practice concerning energy resources and production in Argentina. The book describes the administrative organization, regulatory framework, and relevant case law pertaining to the development, application, and use of such forms of energy as electricity, gas, petroleum, and coal, with attention as needed to the pervasive legal effects of competition law, environmental law, and tax law. A general introduction covers the geography of energy resources, sources and basic principles of energy law, and the relevant governmental institutions. Then follows a detailed description of specific legislation and regulation affecting such factors as documentation, undertakings, facilities, storage, pricing, procurement and sales, transportation, transmission, distribution, and supply of each form of energy. Case law, intergovernmental cooperation agreements, and interactions with environmental, tax, and competition law are explained. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for energy sector policymakers and energy firm counsel handling cases affecting Argentina. It will also be welcomed by researchers and academics for its contribution to the study of a complex field that today stands at the foreground of comparative law.
Author | : Sergio Gamonal C. |
Publisher | : Oxford University Press |
Total Pages | : 201 |
Release | : 2019-04-29 |
Genre | : Law |
ISBN | : 0190052678 |
The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.
Author | : Julio Riethmüller Vaccaro |
Publisher | : |
Total Pages | : 472 |
Release | : 1962 |
Genre | : Aliens |
ISBN | : |
Author | : Thais Guerrero Padrón |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 252 |
Release | : 2024-04-17 |
Genre | : Law |
ISBN | : 9403518588 |
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book describes the social security regime in Spain. It conveys a clear working knowledge of the legal mechanics affecting health care, employment injuries and occupational diseases, incapacity to work, pensions, survivors’ benefits, unemployment benefits and services, and family benefits. The analysis covers the field of application, conditions for entitlement, calculation of benefits, financing, the institutional framework, and relevant law enforcement and controls. Allowances for retirees, employees, public sector workers, the self-employed, and the handicapped are all clearly explained, along with full details of claims, adjudication procedures, and appeals. Succinct yet eminently practical, the book will be a valuable resource for lawyers handling social security matters in Spain. It will be of practical utility to those both in public service and private practice called on to develop and to apply social security law and policy, and of special interest as a contribution to the comparative study of social security systems.