EU Industrial Relations V. National Industrial Relations

Comparative and Interdisciplinary Perspectives

Author: Mia Rönnmar

Publisher: Kluwer Law International B.V.

ISBN: 9041127704

Category: Law

Page: 314

View: 7143

1996 concerning the posting of workers in the framework of the provision of services, Official Journal L 18 of 21 January 1997, pp. 1-6. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the international market, Official Journal L 376 of 27 December 2006, pp. 36-68. Judgement of the European Court of Justice Laval un Partneri Ltd v. Svenska Byggnadsarbetareforbundet, Case C-341/05 [2007] ECR I-000. Judgement of the European Court of Justice International Transport Workers' Federation v. Viking Line ABP, Case C-438/05 [2007] ECR I-000. Table of cases from the European Court of Justice. Index

Labour Law, Fundamental Rights and Social Europe

Author: Mia Rönnmar

Publisher: Bloomsbury Publishing

ISBN: 1847318371

Category: Law

Page: 304

View: 3348

This volume, comprising three parts and ten chapters, all of them peer-reviewed essays, arises from the work of the Swedish Network for European Legal Studies. Its focus is on labour and social security law. The chapters, written by distinguished legal researchers associated with Swedish universities, provide insight into a range of topical and important developments, seeking new and interesting perspectives. Sweden has been a member of the European Union since 1995, and EU law and European law perspectives have been well integrated into Swedish labour law and social security law research. Within the European Social Model and the European Welfare State, Sweden (and to some degree the other Nordic countries as well) can be said to represent a specific system, as regards both labour law and industrial relations and social security law. In terms of influential comparative typologies or models (naturally 'flawed' by a certain element of vagueness and simplification, but also very helpful in analytical and pedagogical respects), Sweden has been described as a representative of, inter alia, a Nordic legal family, a Nordic labour law model, a social-collectivist industrial relations system, a consensual industrial relations system, a social-democratic welfare state regime, a Scandinavian social security law system (a 'sub-group' of the Beveridge system), and a coordinated market economy. But since 1995 EU law and European law perspectives have been extensively integrated into existing Swedish labour and social security law, and the chapters in this book go a long way in illustrating the far-reaching and multifaceted ways in which Swedish law has been 'Europeanised'.

Negative Tarifvertragsfreiheit im deutschen und europäischen Arbeitsrecht

Author: Felix Hartmann

Publisher: Mohr Siebeck

ISBN: 9783161525391

Category: Law

Page: 547

View: 7290

Im deutschen Recht entfalten Tarifnormen ihre unmittelbare und zwingende Wirkung zwar grundsätzlich nur zwischen den beiderseits Tarifgebundenen. Jedoch kennt dieser Grundsatz einige Ausnahmen. Teilweise erheben Tarifnormen bereits für sich genommen einen Geltungsanspruch über den Kreis der Verbandsmitglieder heraus, in anderen Fällen ordnet ein staatlicher Erstreckungsakt diese Wirkung an. Es stellt sich jeweils die Frage, wie weit die Freiheit der Außenseiter reicht, ihre Arbeitsbeziehungen in selbstbestimmter Wahrnehmung der eigenen Interessen zu gestalten. Felix Hartmann führt den Außenseiterschutz konsequent auf ein privatrechtlich-mandatarisches Grundverständnis der Tarifautonomie zurück. Er setzt sich dabei auch mit den Vorgaben des Europarechts und mit Tarifsystemen anderer mitgliedstaatlicher Rechtsordnungen auseinander. Auf diese Weise kommt er für eine Vielzahl von Praxisproblemen zu neuen Lösungen.

Regulating Employment Industrial Relations and Labour Law Intl Co

Author: Blanpain

Publisher: Kluwer Law International B.V.

ISBN: 904113199X

Category: Law

Page: 224

View: 6457

The complexity of employment arrangements in various countries tends to make it difficult to understand them. Nevertheless, it is important to 'take stock' periodically, particularly from an internationally comparative perspective. This remarkable book is a giant step in that direction. It is especially valuable in the context of increasing globalisation. For each of nine key jurisdictions - the European Union, Germany, Sweden, United Kingdom, United States of America, Canada, New Zealand, Australia and Japan - experts present detailed information and analysis on key issues, shedding valuable light on trends in such specific areas of employment relations as the following: * atypical work and flexible work arrangements; * dispute settlement procedures such as negotiation, conciliation, mediation, arbitration and other forms of governmental or judicial intervention; * job security, anti-discrimination and gender equality; * recognition of unions and employers' associations and forms of employee representation; * how collective bargaining is regulated, whom the collective agreements cover and what they contain; * parental leave and childcare policy; * the capacity of individual agreements to override or not override collective agreements; * minimum wage levels; * overtime and shift work; and * paid leave entitlements. As a general framework, Part 1 offers an insightful summary of the underpinnings of current analysis of globalization, including discussion of the varieties of capitalism thesis, the divergence/convergence debate (with its models of bipolarization, clustering and hybridization), and elements of historical and political-economic path dependency in various cultures. The information gathered here furthers understanding of the increasing 'disconnect' between the prevailing institutional framework for employment relations and the sweeping changes that are taking place in the world of work. With this book's analysis, practitioners and policymakers will be able to overcome their dated assumptions and more effectively accommodate each others' interests in the face of the complex mix of continuity and change that they are confronting. The team of authors are experts in these countries. They are active in policy or legal analysis, business and/or scholarship.

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: 9206

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.

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

Author: Ann Numhauser-Henning,Mia Rönnmar

Publisher: Bloomsbury Publishing

ISBN: 178225191X

Category: Law

Page: 282

View: 1355

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.

Regierung und Verwaltung auf einen Blick 2013

Author: OECD

Publisher: OECD Publishing

ISBN: 9264209549


Page: 194

View: 4349

Regierung und Verwaltung auf einen Blick 2013 enthält eine Reihe wichtiger Indikatoren für die Analyse und den internationalen Vergleich der Leistung des öffentlichen Sektors.

Towards a European Model of Industrial Relations?:Building on the First Report of the European Commission

Author: Marco Biagi

Publisher: Kluwer Law International B.V.

ISBN: 9041116532

Category: Law

Page: 236

View: 1013

A social dialogue has been in progress concerning industrial relations on a European level. The publication of the first Report of the European Commission on Industrial Relations demonstrates that, rather than merely harmonizing regimes, EU policy is focusing on the pursuit of basic aims.

Selected Writings

Author: Marco Biagi

Publisher: Kluwer Law International B.V.

ISBN: 9041120254

Category: Law

Page: 295

View: 7698

The Selected Papers in this volume, written over a period of some 20 years, represent just a small part of Marco Biagi's scientific writings, and are reprinted here with a view to showing the range, depth and originality of his research work. While many of his papers dealing with labour relations issues in the Italian context were published in Italian, Marco's long association with Johns Hopkins University and Dickinson College, along with his close links with the leading scholars in comparative labour law and industrial relations not just in the member states of the European Union, but also in many other countries, including Japan, were of fundamental importance for his work, and as a result he chose to publish many of his most thought-provoking papers in English. What emerges from a reading of these papers is the integrity and consistency of his thinking: themes that appear in his early work, such as industrial democracy, employee participation, training for flexibility, the role of small and medium-sized enterprises, and innovative strategies for creating new jobs and improving the quality of work, are further developed in the later years. He always wrote with a sharp eye on changes in the labour market arising from economic, social and political developments, such as most recently the introduction of the single currency, and always with a view to extending the benefits of employment opportunities beyond the existing limits. His ideas will continue to play an influential role in thinking about employment issues for many years to come.

The Horizontal Effect Revolution and the Question of Sovereignty

Author: Johan van der Walt

Publisher: Walter de Gruyter GmbH & Co KG

ISBN: 3110391708

Category: Law

Page: 450

View: 9332

That the recent turn in European Constitutional Review has effectively brought about a revolution in European law has been observed before. At issue is the collapsing of the traditional boundaries between constitutional law and private law that the European Court of Human Rights has brought about with a series of decisions on the "horizontal" application of Convention rights in the private sphere. This book will take issue with the various debates and literature in this field. It will analyse the most prominent concerns raised and positions taken in the debates and respond to them with a consistent theory of "horizontal application".

Labour Relations in Central Europe

The Impact of Multinationals' Money

Author: Dr Jochen Tholen

Publisher: Ashgate Publishing, Ltd.

ISBN: 140946301X

Category: Business & Economics

Page: 196

View: 750

Since 1990, foreign direct investment (FDI) has quickened economic modernization in Central Europe. State of the art management techniques and cutting edge technology have been introduced in many cases. Labour Relations is an essential factor in the organization of labour and production. At the start of the process industrial relations were characterized by the conditions existing under the previous planned economies or - as with "greenfield" investments - had to be entirely reconfigured. In the case of investments by West European companies, this book reveals various emerging models of industrial relations but also a clear tendency towards company centralization. For the time being the European Works Council still plays a subordinate role despite its potential fundamental role as mediator between East and West. Empirically nine corporations from the metal/automotive industry, the chemical, energy and food processing industries (with their subsidiaries in Poland, Czech Republic and Slovakia) are considered.

The Oxford Handbook of Employment Relations

Author: Adrian Wilkinson,Geoffrey Wood,Richard Deeg

Publisher: OUP Oxford

ISBN: 0191651494

Category: Business & Economics

Page: 760

View: 2121

There have been numerous accounts exploring the relationship between institutions and firm practices. However, much of this literature tends to be located into distinct theoretical-traditional 'silos', such as national business systems, social systems of production, regulation theory, or varieties of capitalism, with limited dialogue between different approaches to enhance understanding of institutional effects. Again, evaluations of the relationship between institutions and employment relations have tended to be of the broad-brushstroke nature, often founded on macro-data, and with only limited attention being accorded to internal diversity and details of actual practice. The Handbook aims to fill this gap by bringing together an assembly of comprehensive and high quality chapters to enable understanding of changes in employment relations since the early 1970s. Theoretically-based chapters attempt to link varieties of capitalism, business systems, and different modes of regulation to the specific practice of employment relations, and offer a truly comparative treatment of the subject, providing frameworks and empirical evidence for understanding trends in employment relations in different parts of the world. Most notably, the Handbook seeks to incorporate at a theoretical level regulationist accounts and recent work that link bounded internal systemic diversity with change, and, at an applied level, a greater emphasis on recent applied evidence, specifically dealing with the employment contract, its implementation, and related questions of work organization. It will be useful to academics and students of industrial relations, political economy, and management.

European Labour Law

Author: Brian Bercusson

Publisher: Cambridge University Press

ISBN: 0521613507

Category: Law

Page: 752

View: 2609

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

Quality of Work and Employee Involvement in Europe

Author: Marco Biagi

Publisher: Kluwer Law International B.V.

ISBN: 9041118853

Category: Law

Page: 315

View: 8553

The eighteen essays in this volume concentrate on the issues surrounding workers' participation, the area of industrial relations uppermost in Marco Biagi's thinking at the time of his assassination in March 2002. The trend toward ever greater employee involvement in managerial decisionmaking has been growing in Europe for over a decade, to a significant extent as a result of Biagi's work. From the start, he clearly discerned that the key to quality of work was worker participation. This book stands not merely as a homage, but as evidence that Biagi's assassination will not affect the progress he was making. In what amounts to an integrated series of recommendations for further European legislation on workers' participation in industrial relations, the authors analyse and evaluate the following: experience gained from implementation of the European Works Council Directive and the European Company Statute Directive; implications of the new Directive on Information/Consultation in National Undertakings and of the European Forum on the Financial Participation of Workers; and experience in a variety of national contexts, including those of Japan, Italy, France, Belgium, the United Kingdom, Germany, Russia, Poland, and Slovenia. In the final analysis, employee involvement--when it is a genuine commitment on the part of all stakeholders--is seen as a sharing of cultural values that successfully reconciles efficiency and social justice. Those who believe this is a goal worth achieving, for reasons both economic and social, will recognize in this book an immensely valuable contribution.

The Changing Law of the Employment Relationship

Comparative Analyses in the European Context

Author: Nicola Countouris

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409495566

Category: Law

Page: 278

View: 6586

During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.

Transnationale Unternehmensvereinbarungen

zur Neuordnung der Arbeitsbeziehungen in Europa

Author: Stefan Rüb,Hans-Wolfgang Platzer,Torsten Müller

Publisher: edition sigma

ISBN: 3836087340

Category: Europe

Page: 260

View: 1052


Industrial Court Reports

Author: Great Britain. National Industrial Relations Court

Publisher: N.A


Category: Labor laws and legislation

Page: N.A

View: 7927