International Conflicts Of Labour Law
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Author | : Christine Kaufmann |
Publisher | : Hart Publishing |
Total Pages | : 424 |
Release | : 2007 |
Genre | : Law |
ISBN | : |
This book examines the tension between core labour rights defined by the International Labour Organisation and the interests of economic institutions.
Author | : Laura Carballo Piñeiro |
Publisher | : Springer |
Total Pages | : 336 |
Release | : 2015-05-25 |
Genre | : Law |
ISBN | : 3662470322 |
This book focuses on maritime employment from a private international law perspective. The first chapter analyzes the background against which international jurisdiction and conflict of laws rules are drawn up and examines uniform law in this context, in particular the 2006 Maritime Labour Convention and the 2007 ILO Convention No. 188 on Work in Fishing. The second chapter addresses international jurisdiction issues as regards individual employment contracts, while also exploring other issues (e.g. insolvency-related and social security matters) that are subsequently revisited in the third chapter while discussing conflict of laws issues related to said contracts. In turn, chapter four focuses on collective labour relations and private international law, i.e. collective agreements, strikes and other forms of collective action and information, and on the participation rights of employees in business matters.
Author | : Matthew W. Finkin |
Publisher | : Edward Elgar Publishing |
Total Pages | : 504 |
Release | : 2015-07-31 |
Genre | : Law |
ISBN | : 1781000131 |
Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This bo
Author | : Christian Campbell |
Publisher | : BRILL |
Total Pages | : 278 |
Release | : 2021-10-25 |
Genre | : Law |
ISBN | : 9004480609 |
An insightful survey of the legal issues, both national and international, that affect the cross-border employment relationship today. Essays by practitioners from North America and Europe offer prudent procedures-and warn of pitfalls-in such areas as hiring and firing, expatriate employment issues, the extraterritorial effect of domestic employment laws, corporate codes of conduct, employee benefits in the multinational corporation, and employment issues in international business transactions and trade agreements. Published under the Transnational Publishers imprint.
Author | : Yossi Dahan |
Publisher | : Cambridge University Press |
Total Pages | : 313 |
Release | : 2016-04-15 |
Genre | : Law |
ISBN | : 1107087872 |
Presents innovative perspectives on the moral and legal obligations of individuals and institutions toward workers in the global era.
Author | : Felice Morgenstern |
Publisher | : |
Total Pages | : 148 |
Release | : 1984 |
Genre | : Law |
ISBN | : |
Study of the sources of law principles and applications of private international law and the conflict of laws pertaining to employment and labour relations - includes problems of migrant workers, multinational enterprises, jurisdiction of collective agreements, occupational accident claims, etc.
Author | : Matteo Bottero |
Publisher | : Kluwer Law International B.V. |
Total Pages | : 547 |
Release | : 2020-12-11 |
Genre | : Law |
ISBN | : 9403528648 |
Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.
Author | : Elizabeth Wilmshurst |
Publisher | : OUP Oxford |
Total Pages | : 568 |
Release | : 2012-08-02 |
Genre | : Law |
ISBN | : 0191632236 |
This book comprises contributions by leading experts in the field of international humanitarian law on the subject of the categorisation or classification of armed conflict. It is divided into two sections: the first aims to provide the reader with a sound understanding of the legal questions surrounding the classification of hostilities and its consequences; the second includes ten case studies that examine practice in respect of classification. Understanding how classification operates in theory and practice is a precursor to identifying the relevant rules that govern parties to hostilities. With changing forms of armed conflict which may involve multi-national operations, transnational armed groups and organized criminal gangs, the need for clarity of the law is all-important. The case studies selected for analysis are Northern Ireland, DRC, Colombia, Afghanistan (from 2001), Gaza, South Ossetia, Iraq (from 2003), Lebanon (2006), the so-called war against Al-Qaeda, and future trends. The studies explore the legal consequences of classification particularly in respect of the use of force, detention in armed conflict, and the relationship between human rights law and international humanitarian law. The practice identified in the case studies allows the final chapter to draw conclusions as to the state of the law on classification.
Author | : William K. Roche |
Publisher | : Oxford Handbooks |
Total Pages | : 577 |
Release | : 2014-05 |
Genre | : Business & Economics |
ISBN | : 0199653674 |
New ways of managing conflict are important features of work & employment in organizations. World's leading scholars examine range of innovative alternative dispute resolution practices, drawing on international research, scholarship, covering case studies of major exemplars & developments in different parts of global economy. Aust & NZ content.
Author | : Mark B. Taylor |
Publisher | : Cambridge University Press |
Total Pages | : 329 |
Release | : 2021-07-15 |
Genre | : Law |
ISBN | : 1108483704 |
This book describes how international law regulates the problems that arise where economic activity meets violent conflict.