The Changing Law of the Employment Relationship

Comparative Analyses in the European Context

Author: Nicola Countouris

Publisher: Routledge

ISBN: 1317038924

Category: Law

Page: 274

View: 9450

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.
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The Changing Institutional Face of British Employment Relations

Author: Linda Dickens,Alan C. Neal

Publisher: Kluwer Law International B.V.

ISBN: 9041125418

Category: Law

Page: 158

View: 1795

Employment protection in Britain, once seen as resting on collective bargaining supported by public policy, has increasingly come to be framed in terms of individual legal rights, enforceable before judicial forums such as employment tribunals. This dramatic shift towards juridification of the individual employment relationship has not only contributed towards significant changes to the institutional `landscape of employment relations in Britain, but also carries important implications for the future of employment law and regulation in `the home of collective bargaining. This comprehensive evaluation of current institutional reality and trends prepared to mark the 30th anniversary of the Advisory Conciliation and Arbitration Service (Acas) provides a unique look inside the key institutions of British employment relations. Each contributor leading academics and senior practitioners, all closely associated with particular institutions locates their institution in terms of purpose, origins, and context, discusses its structure, governance and composition, and assesses its operation, considering current challenges and future direction. In the course of examining issues relating to institutional choice and roles, the presentations offer contemporary views on the impact of decentralisation and the shrinking of collective bargaining, decline in trade union membership and strength, and the political effects of increasing global competition. The influence of EU social policy initiatives upon British legislative policy is identified, while attention is drawn to the consequences of an increased feminisation of the workforce, along with an increasing incidence of `non-standard workers and continuing service sector growth. Set alongside the evidence of decline in manufacturing, restructuring of the public sector, and the growth of the SME sector, this volume demonstrates the remarkable pressures for change which have impacted upon the institutions of British employment relations over the past thirty years. These essays offer an especially valuable mix of expert independent discussion along with personal insights gained from direct involvement in the operation of the key bodies. As a much-needed overview and basis for evaluation of the current institutional map of British employment relations, as well as a contemporary consideration of lessons to be drawn from the changing institutional face of employment relations in Britain, this book will be of inestimable value to policy-makers and practitioners in the field, as well as to students, academics, and more generally interested observers of the British experience.
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The Legal Construction of Personal Work Relations

Author: Mark Freedland FBA,Nicola Kountouris

Publisher: OUP Oxford

ISBN: 0191630012

Category: Law

Page: 504

View: 861

This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
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Reflexive Labour Law in the World Society

Author: Ralf Rogowski

Publisher: Edward Elgar Publishing

ISBN: 085793659X

Category: Law

Page: 352

View: 6041

ŠRogowski�s challenging book offers readers a rigorous but accessible introduction to the theory of reflexive law, important and original insights into current issues in industrial relations and labour law and a fascinating preview of how a broad-based
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The Future of Labour Law

Liber Amicorum Bob Hepple QC

Author: B. A. Hepple

Publisher: Hart Publishing

ISBN: 184113404X

Category: History

Page: 320

View: 7477

This book, to which an internationally distinguished group of scholars has contributed, examines the future of labour law from a wide variety of perspectives. Issues covered include the ideology of New Labour law; the employment relationship; the public/private divide; termination of employment; equality law; corporate governance; collective bargaining; workers' participation; strikes; international labour standards; the role of EU law; the EU Charter of Fundamental Rights; labour law and development in Southern Africa; and the impact of globalisation. The essays are written in honour of the outstanding labour lawyer Professor Sir Bob Hepple QC, who has contributed to so many areas of this dynamic field.
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Yearbook of European Law 2009

Author: Herbert Smith Professor of Law at the Centre for European Law Piet Eeckhout,Professor of Law Takis Tridimas

Publisher: Oxford University Press

ISBN: 0199571252

Category:

Page: 700

View: 650

Now in its 28th year, the Yearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook has become essential reading for all involved in European legal research and practice. This year's issue includes a special symposium on the recent Kadi case in the European Court of Justice, with contributions by Giorgio Gaja, Christian Tomuschat, Enzo Cannizzaro, Riccardo Pavoni and Martin Scheinin.
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Constitutionalization of European Private Law

XXII/2

Author: Hans Micklitz

Publisher: OUP Oxford

ISBN: 0191020087

Category: Law

Page: 320

View: 1176

In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.
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Employee Relations in the Public Services

Themes and Issues

Author: Susan Corby,Geoff White

Publisher: Routledge

ISBN: 113468701X

Category: Business & Economics

Page: 256

View: 5106

Almost a fifth of all employees work in the public sector. Employees working in the civil service, NHS, local government, education, the police and fire services also represent a large and growing body of students taking degree courses at universities. Exploring this important and rapidly changing area, this book outlines the main developments in the public sector since 1979, including topical issues such as the rise of new public management, decentralisation and contracting out. Themes which currently affect public sector employees are examined, including: * decentralization * contracting out * fragmentation and the growth of individualism in the employment contract. This stimulating, up-to-date and intellectually rigorous text is thematic, rather than sector specific, and reflects the way this subject is taught in a range of courses. It will complement alternative texts in this area and will be a valuable resource for students of public policy, public sector management, human resource management, employee and industrial relations.
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Property in Work

The Employment Relationship in the Anglo-American Firm

Author: Wanjiru Njoya

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409493296

Category: Law

Page: 232

View: 4115

The notion of property in work has deep historical roots in the common law tradition, but is yet to receive the attention it deserves. In this timely and thought-provoking book, Wanjiru Njoya contrasts ideas of ownership and property rights in English, American and European labour law, and considers their practical implications. The author's contention that shared ownership within a stakeholder theory of the firm allows better protection of both shareholders' and employees' interests in the large public corporation, puts employee-participation firmly back on the corporate governance agenda. The book offers a refreshing new perspective on how a more socially desirable balance between economic flexibility and job security may be achieved.
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Strategy, Organization and the Changing Nature of Work

Author: Jordi Gual i Sole,Joan E. Ricart i Costa

Publisher: Edward Elgar Publishing

ISBN: 9781781959381

Category: Business & Economics

Page: 250

View: 8833

'The book offers a full and wide-ranging analysis of the nature and extent of the organisational changes, and of the role played by employability in the new production contexts. Its strengths lie basically in its multidisciplinary approach, which enables the phenomenon of organisational change to be observed from different angles, and in its commitment to a balance between the pursuit of theory and its empirical underpinnings . . . In summary, this is a well-grounded and argued work, both theoretically and empirically, and will be of interest to anyone wishing to understand the complex nature of organisational change, and especially to those who, even though organisational change may not be their central object of study or concern, nonetheless seek to understand the rich and complex debate concerning processes of organisational transformation as a necessary starting point for the analysis of the broader process of transformation of a model of society.' - Amparo Serrano Pascual, Transfer 'I do not mean to propose any prescriptions for the problem of employment in our time. I leave that to the many fine specialists in the field who have contributed to this book. . . . I find this an excellent and thought-provoking volume that I hope will shed light on a theme of vital significance for people everywhere. For it is in work that people find happiness and fulfilment and meaning.' - From the preface by Carlos Cavallé, University of Navarra, Barcelona, Spain New technologies, global markets and increased competitive pressures mean that companies are having to reinvent themselves, reappraise their competitive strategies and rethink the ways in which they organize business activities. This timely book illustrates how changes in strategy can translate into organizational changes within the firm itself and can influence the relationship between the firm and their employees and collaborators. The authors provide a broad theoretical and empirical assessment of these complex changes, their effect on the nature of employment, and the consequences for both employers and employees. They develop a framework that encompasses the interaction between the strategic reactions of businesses to a changing environment and the restrictions imposed by social institutions. A key theme of the book is that we are now living in an age of transition where concepts such as job security, which have played a crucial role in society, are no longer valid. Indeed, the importance of the research presented in the book is underlined by the social and political implications such changes will undoubtedly bring. Significantly, the authors view the subject matter from an interdisciplinary perspective applying tools from the fields of organizational behavior, sociology and psychology.
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Fragmenting Work

Blurring Organizational Boundaries and Disordering Hierarchies

Author: Mick Marchington,Damian Grimshaw,Jill Rubery,Hugh Willmott

Publisher: Oxford University Press on Demand

ISBN: 9780199262243

Category: Business & Economics

Page: 319

View: 5961

"The findings of this book raise questions about the governance of such complex organizational forms, the appropriateness of current institutions for addressing this complexity, and the challenge of harnessing employee commitment in circumstances where human resource practices are shaped by organizations other than the legal employer." "Fragmenting Work will be vital reading for all those wishing to understand the contemporary realities of work and employment."--Jacket.
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Collective Agreements and Individual Contracts of Employment

Author: Micha? Sewery?ski

Publisher: Kluwer Law International B.V.

ISBN: 9041121900

Category: Law

Page: 251

View: 2820

While it can be said that the use of collective labour agreements has greatly expanded during the last decade, it is hard to deny that their power to protect employees has diminished considerably and continues to weaken. An understanding of the factors that have contributed to this fundamental change in economic and social conditions is of crucial significance if we are to preserve an equitable balance in the employer-employee relationship. The eleven papers reprinted here were originally presented at the 16th Congress of the International Academy of Comparative Law, held in Brisbane in July 2002. Each paper is organized around the following considerations for the particular country in question: factors determining the role of collective agreements; factors determining the regulatory power of collective agreements toward the employment contract; factors limiting the regulatory power of collective agreements; degree of fredom of the parties to shape the employment contract; and future prospects for collective agreements as a means of regulating the employment contract. Underlying issues of decentralization, minimum standards, decreasing unionization, unemployment, and the growing individualization of the employment contract are addressed by all the authors. The countries covered are Australia, Belgium, Canada (Quebec), Greece, Italy, Japan, The Netherlands, Poland, South Africa and Switzerland.
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The Handbook of Employment Relations

Law and Practice

Author: Brian Towers

Publisher: Kogan Page Publishers

ISBN: 9780749442088

Category: Law

Page: 432

View: 3232

Changes in working patterns and technology over the last decade have revolutionized the way we work. More people than ever work in white-collar jobs and are unlikely to organize collectively. Other issues such as careers, the long-hours culture, the global economy, an ageing workforce, and changes in employment legislation have completely transformed the working landscape. This long-awaited fourth edition of the Handbook of Employment Relations, Law and Practice (originally published as the Handbook of Industrial Relations Practice) has been revised to reflect these changes. In this comprehensive handbook, a host of acknowledged experts have been brought together to consider all aspects of employment relations. Topics include: the influence of the EU employment relations and the information society unfair dismissal health and safety pay working time and other employment rights alternative dispute resolution managing the employment relationship employment relations in smaller firms trade unions pay and performance sickness and absence training and development managing change. The Handbook of Employment Relations, Law and Practice is an invaluable source of guidance and practical advice for resolving day-to-day issues that arise in the workplace. Practitioners, students and managers alike will find it an essential tool that they will refer to again and again.
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Cengage Advantage Books: Business Law

Author: Arnold Goldman,William D. Sigismond

Publisher: Cengage Learning

ISBN: 1439079226

Category: Business & Economics

Page: 768

View: 8107

Current, jargon free, and filled with many examples, the 8th Edition of BUSINESS LAW: PRINCIPLES AND PRACTICES covers legal rights and responsibilities in both the public and private sectors. Co-authored by Arnold J. Goldman, a practicing attorney and William D. Sigismond, a veteran business law educator, this clear, straightforward text avoids court jargon and shows rather than tells students about the law using fascinating cases and ethical dilemmas. Hypothetical examples immediately follow discussion of concepts to further reinforce understanding. The 8th Edition is updated throughout to reflect recent changes in the law. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
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Agenda for Reform

The Future of Employment Relationships and the Law

Author: William B. Gould

Publisher: MIT Press

ISBN: 9780262571142

Category: Law

Page: 313

View: 4126

For years William Gould has argued for labor law reform that would facilitate trade union organization and collective bargaining. That position, which he expands upon in this latest book, is based on his belief in the value of pluralism, the importance of employee participation in the economy as well as the political process, and the effectiveness of unions in best advocating employee interests in the workplace. In the face of increased erosion in worker protection and weakening of the collective bargaining process, Gould proposes an agenda of reforms to balance the interests of management and workers, and to protect employee participation and job security.Each chapter presents in-depth summaries of developed areas of labor or employment law and related policies. At the core of Gould's discussion are the workings and usefulness of the National Labor Relations Act. Gould first provides a history of the past and current labor management relationships - how we got where we are today - and then reviews and evaluates such factors as the possible repeal or reform of the NLRA, the possible increase in worker participation plans, the change in the use of the strike weapon, wrongful discharge law, the protections afforded nonunion employees, and race relations as factors that will affect the future of the labor management relationship and, consequently, the future of industrial relations.William B. Gould IV is Charles A. Beardsley Professor of Law at Stanford Law School. An impartial arbitrator of labor disputes since 1965, he is a member of the Clinton Administration's Committee on the Future of Worker Management Relations. He is the author of A Primer on American Labor Law.
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Essentials of Organisational Behaviour

Author: Laurie J. Mullins

Publisher: Pearson Education

ISBN: 9780273707349

Category: Business & Economics

Page: 544

View: 9194

Taking a managerial approach and demonstrating the application of behavioural science within the workplace, this text focuses on the essential topics of organisational behaviour. The Essentials text is a new concise version of the long established market leader Management & Organisational Behaviour which has set standards in pedagogy and authorship that few texts have matched. The accessibility of writing style and clarity of presentation makes unfamiliar theory relevant, easily understood and logically applied to the world of work. In 12 chapters, the Essentials version focuses on the core topics of the discipline in a recognisable sequence, starting from the level of individual, though to the group, and finally the organisation.
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The Older Worker and the Changing Labor Market

New Challenges for the Workplace

Author: Judith G Gonyea

Publisher: Routledge

ISBN: 1317993578

Category: Business & Economics

Page: 198

View: 5384

As the country’s workforce ages, the changing labor market must address unique challenges as well as surprising opportunities. This book presents leading scholars and researchers providing valuable insights into the challenges facing older workers in the contemporary workplace as well as offering perspectives on the demands presently being placed on employers to adapt to and accommodate the needs of these workers. The book focuses on the analysis of current trends in older workers, work, family, and personal life issues, and ways to transform today’s workplace to value older workers. This book offers practitioners the opportunity to fully grasp the current situation for older workers by presenting the latest research. This helpful resource provides professionals with best practices and innovative approaches to support aging employees. The volume is extensively referenced and contains several tables to clearly present data. It is a valuable text for employers, human resources professionals, employee assistance programs, work/family professionals, gerontologists and aging studies professionals, educators, and students. This book was published as a special issue of the Journal of Workplace Behavioral Health.
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Beyond Employment

Changes in Work and the Future of Labour Law in Europe

Author: Alain Supiot,Pamela Meadows,European Commission

Publisher: Oxford University Press

ISBN: 9780199243044

Category: Business & Economics

Page: 245

View: 7236

This book is the English edition of what has become widely known as 'The Supiot Report' - a bold and far-reaching look at the changing nature of work initiated by the EC. It takes as its starting point the profound changes that have taken place in the underlying employment relationship and associated human resource practices over the past twenty years. These developments are placed in their economic, social, institutional, and legal contexts. Competitive pressures on firms, the search for greater efficiency and effectiveness in the delivery of public services, the changing role of women in society, and the desire for greater choice on the part of individuals are all important motives for change. The legal framework and the structures and organizations which represent the interests of workers and employers must respond to these changes. Drawing on illustrations from a number of European countries, the book suggests that the legal framework should encourage greater collaboration in the workplace, particularly over issues such as training. But it should also place work within its social context and facilitate genuine choices by individuals.
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Understanding Work and Employment

Industrial Relations in Transition

Author: Peter Ackers,Adrian Wilkinson

Publisher: Oxford University Press on Demand

ISBN: 9780199240661

Category: Business & Economics

Page: 366

View: 4024

This book aims to analyze, advertise and criticize the contribution of industrial relations to social science understanding. It brings together leading scholars to reconsider the theoretical foundations of industrial relations and its potential contribution to the wider understanding of work and economic life, to learn what it can gain from a stronger engagement with these surrounding disciplines and national traditions.The introduction provides a critical, though broadly sympathetic outline of the development of the main stream industrial relations tradition. Part One recognizes the interdisciplinary character of industrial relations by concentrating on 'border encounters' with the cognate academic disciplines of sociology, economics, management, history, psychology, law, politics and geography. Of particular interest is how far industrial relations has contributed to social science understanding beyond its own narrow borders. Part Two combines a major critical analysis of the American school, with three shorter discussions of Australia, Europe and Japan. Part Three looks forward to the potential contribution of industrial relations to our understanding of work, employment and society by identifying a variety of key dilemmas and debates which call for new interdisciplinary thinking. Finally, the book ends with a critical reassessment of the industrial relations tradition.
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