The Changing Law of the Employment Relationship

Comparative Analyses in the European Context

Author: Nicola Countouris

Publisher: Routledge

ISBN: 1317038916

Category: Law

Page: 274

View: 6721

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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 Idea of Labour Law

Author: Guy Davidov,Brian Langille

Publisher: OUP Oxford

ISBN: 0191648078

Category: Law

Page: 456

View: 7260

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Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.
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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: 2236

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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 Future of Labour Law

Liber Amicorum Bob Hepple QC

Author: B. A. Hepple

Publisher: Hart Publishing

ISBN: 184113404X

Category: History

Page: 320

View: 436

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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: 9468

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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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Reflexive Labour Law in the World Society

Author: Ralf Rogowski

Publisher: Edward Elgar Publishing

ISBN: 085793659X

Category: Law

Page: 352

View: 1809

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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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Employee Relations in the Public Services

Themes and Issues

Author: Susan Corby,Geoff White

Publisher: Routledge

ISBN: 113468701X

Category: Business & Economics

Page: 256

View: 8527

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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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Constitutionalization of European Private Law

XXII/2

Author: Hans Micklitz

Publisher: OUP Oxford

ISBN: 0191020087

Category: Law

Page: 320

View: 5814

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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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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: 5680

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'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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