Globalization and Employment Relations in Retail Banking
Globalization and Employment Relations in Retail Banking

Author: Roger Blanpain

Publisher:

Published: 2007

Total Pages: 172

ISBN-13:

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Offering evidence on the nature of the pressure that international economic change exerts in countries with different forms of labour law and regulation, this collection of essays explores the impact of globalization on relations between employees and employers in retail banking. It is the first comparative analysis of the current nature of these relations in the banking field at the national and local levels. The articles report preliminary findings from studies of changes in employment relations in retail banking in seven economies: Korea, Singapore, Hong Kong, the United States, Australia, Germany, and China. This grouping covers both liberal market economies (in which firms rely on markets and hierarchies to resolve coordination problems) and coordinated market economies (in which firms make greater use of non-market mechanisms to resolve coordination problems internally and externally). The article on banking in China is the first English-language study of the emerging pattern of industry-level employment relations in this most important of economies. The wealth of data available here allows practitioners, researchers, academics, and policymakers to reach such valuable understandings as the following: assess whether there is evidence that the impact of globalization on employment relations varies systematically across varieties of capitalism; evaluate factors that shape the relationship between international economic change and patterns of employment relations; gain insight into the relation between foreign direct investment and the politics, economics, and social systems of particular nation states and focus on distinctive developments in the under-researched Asian region. Emphasizing five key issues work organization, skill formation, remuneration systems, staffing arrangements, and enterprise governance, the analysis is attentive to both issues of change and the role of agents in bringing about that change. The authors highlight the possibility that within any economy there may be a range of different and competing sets of institutional logics. These informative and insightful articles represent the first empirical findings from the Globalization and Employment Relations in Auto-assemblies and Banking (GERAB) project. The book demonstrates that the research design of this project is a giant step toward sophisticated theoretical models that are capable of capturing and explaining the complex, contingent, and multi-causal relationship between employers and employees in the context of a changing world economy.

Globalization and Employment Relations in the Auto Assembly Industry
Globalization and Employment Relations in the Auto Assembly Industry

Author: Roger Blanpain

Publisher: Kluwer Law International B.V.

Published: 2008-02-25

Total Pages: 166

ISBN-13: 9041130527

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This important study—based on a three-year empirical research project in seven countries—focuses on employment relations in the auto assembly industry and shows that the influence of globalisation is tempered to varying degrees by institutional employment patterns at the local level. Twenty-one scholars and researchers representing all seven countries analyse the data, clearly describe the differences across both countries and firms, and offer conclusions and recommendations that greatly facilitate our understanding of the globalisation process at the level of human resources in industrial production. For each of the seven countries—two liberal market economies (the United States and Australia), two coordinated market economies (Germany and Sweden), and three Asian market economies (Japan, South Korea, and China)—the book describes five key issues in detail: work organisation; skill formation; remuneration systems; staffing arrangements and employment security; and enterprise governance and employee–management relations. The authors offer in-depth comparative analysis of these central issues in the context of such overriding factors as corporate strategy, local institutional constraints and advantages, competitive pressures among automakers to capture emerging markets, power relations within firms, and the role that agency and interests play in shaping social action.

The Modernization of Labour Law and Industrial Relations in a Comparative Perspective
The Modernization of Labour Law and Industrial Relations in a Comparative Perspective

Author: Silvia Spattini

Publisher: Kluwer Law International B.V.

Published: 2009-01-01

Total Pages: 510

ISBN-13: 9041128654

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Not all labour law and industrial relations scholars agree on the efficacy of the comparative approach - that the analysis of measures adopted in other countries can play a constructive role in national and local policy-making. However, the case deserves to be heard, and no better such presentation has appeared than this remarkable book, the carefully considered work of over 40 well-known authorities in the field from a wide variety of countries including Australia, France, India, Israel, Peru, Poland, and South Africa. The volume contains papers delivered at a conference sponsored by the Marco Biagi Foundation at the University of Modena and Reggio Emilia in March 2008.

The Notion of Employer in the Era of the Fissured Workplace
The Notion of Employer in the Era of the Fissured Workplace

Author: Roger Blanpain

Publisher: Kluwer Law International B.V.

Published: 2017-01-15

Total Pages: 301

ISBN-13: 9041184716

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The word 'fissured' aptly describes the effect on the workplace of the enormous retreat from direct employment on the part of large enterprises that began several decades ago and shows no sign of slowing down. Market-leading companies, even though they continue to wield considerable influence on the fate of actual workers, may thus be relieved of legal responsibility as employers. How extensive is this phenomenon? Do recourses exist in labour law? What ongoing trends can be discerned? This groundbreaking book tackles these questions and more, with thoroughly researched reports from ten of the world's leading market-driven economies - Australia, China, France, Germany, Japan, the Republic of Korea, Spain, Taiwan, the United Kingdom, and the United States. Recognizing that law should squarely grasp and tackle this new reality, the authors consider such questions as the following: - How far can current labour law go in determining the responsibility of persons who have no direct contractual relationship with the workers? - Do other measures such as soft law or reputation mechanisms in the market deal with the undesirable consequences of the fissurization more properly? - What managerial motives and socioeconomic backgrounds give rise to such fissurization? - What distinct phenomena compose fissuring? - Are measures available to protect workers that go beyond the boundary of the legal entity (e.g., initiatives toward piercing the corporate veil)? Each contributor describes, for his or her country, how far the fragmentation and externalization of employment has gone, current legislation protecting workers in a multilayered contractual relationship or indirect employment relationship (e.g., on health and safety, wages, bargaining, dismissal), and emerging developments and trends. This book ably responds to the question posed by a recent study: Why has work became so bad for so many and what can be done to improve it? Although concerned scholars worldwide will rally to the call, the reports in this volume will also be of great practical value to business persons and labour and employment lawyers everywhere.

The Oxford Handbook of Employment Relations
The Oxford Handbook of Employment Relations

Author: Adrian Wilkinson

Publisher: OUP Oxford

Published: 2014-03-13

Total Pages: 886

ISBN-13: 0191651494

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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.

New Directions in the Study of Work and Employment
New Directions in the Study of Work and Employment

Author: Charles J. Whalen

Publisher: Edward Elgar Publishing

Published: 2008-01-01

Total Pages: 263

ISBN-13: 1848445202

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. . . the book is both wide-ranging and thought provoking. . . New Directions in the Study of Work and Employment is a first rate collection of papers that provides a state-of-the-art overview of debates on the health and standing of the field of industrial relations. John Kelly, Transfer Charles Whalen s excellent edited volume New Directions in the Study of Work and Employment is a conversation about renewing the academic discipline formerly known as industrial relations. . . The chapters of this book are uniformly of high quality and provocative. . . It inspires the reader to engage and mend the world a bit. David Jacobs, Heterodox Economics Newsletter . . . an intellectually stimulating collection of informed, sound, and innovative responses to modern labor problems. . . . New Directions is a timely work that deserves wide readership by anyone with an association or interest in industrial relations. Although the matter of revitalization of the field of IR is not nearly a new topic, dismissing this volume as simply another typical prescription in the lineage of IR revitalization commentary would be a gross miscalculation. For one, the sheer breadth and depth of the contributing scholars brings a unique intellectual richness to this project. Also, this book distinctively tackles the issue of revitalization from a multitude of perspectives from social capital to network theories to labor and employment law, and from research and theory to teaching and practice and does so in a way that is comprehensive, continuous, and in dialog throughout. Finally this book makes a significant contribution because of its specific recommendations for IR revitalization. Instead of telling scholars and practitioners the need for a new direction but providing few feasible alternatives, New Directions proffers real pathways for progress. This book is a useful guide for navigating the ever-developing world of work and employment relations. Sean Rogers, Perspectives on Work Where is the field of industrial relations going? How can it be rejuvenated? How can it be reformulated to deal with current problems? These are among the difficult questions this stimulating book addresses. George Strauss, University of California, Berkeley, US This book deserves to be widely read. The academic study of industrial relations has recently struggled to adjust to the brave new world of work and employment relations. Too often there has been a retreat into the study of very small issues and insufficient emphasis on the big picture. The chapters in this volume make a valuable contribution to filling this gap. Most important of all, the book is forward-looking. Ken Mayhew, University of Oxford, UK Charles Whalen has assembled a timely and comprehensive examination of the world of work by a distinguished group of international scholars. Robert B. McKersie, Massachusetts Institute of Technology, US This book represents a breath of fresh air, provided by many of the most prominent scholars in industrial relations today. It anchors the field to its past, but more importantly highlights pathways to the future. It is indispensable reading, and will form a solid foundation for continued dialogue about new directions for the study of work and employment. Morley Gunderson, University of Toronto, Canada Work and its associated problems are more important to individuals and society than ever before. That is why it is so crucial to re-envision the field of industrial relations (employment relations), which brings together economics, sociology, psychology, history, human resource management, political science, and all other areas of scholarship related to work. This compendium by leading industrial relations scholars makes a vital contribution in that direction. Paula B. Voos, Rutgers, The State University of New Jersey, US Industrial relations is confronting major challenges. This valuable book deserves a warm welcome since it illustrates and maps a series o

Employment Policies and Multilevel Governance
Employment Policies and Multilevel Governance

Author: Roger Blanpain

Publisher: Kluwer Law International B.V.

Published: 2009-04-29

Total Pages: 302

ISBN-13: 9041144714

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In Europe, work has long been a symbol of full citizenship and today work is a fundamental goal of European social policy. However, although every person has the ‘right’ to work, it is becoming clearer all the time that unemployment is not due merely to a lack of encouragement to exercise this right, but (at least in part) to some deeper defects in the implementation of effective employment policies. As a contribution to defining the nature of these problems this important collection of essays targets the phenomena of multilevel governance, both vertical (European, national, regional, local) and horizontal (administrative institutions, trade unions, business representatives, NGOs), showing, with detailed analysis and data, how coordination or conflict between the various levels advances, or fails to advance, the goals of employment policy. Regarding the EU, five EU Member States are examined– plus, for comparative analysis, the parallel Canadian federal model – with the authors addressing such concrete issues as: the impact of globalisation and Europeanisation on employment policies; distribution of tasks in the Open Method of Coordination (OMC); involvement of private and economic agents; the increasing significance of international political agents; flexicurity as an employment strategy; the difficulty of integrating the excluded; coordination with education and fiscal policies; social inclusion from the point of view of international human rights; and gender ‘mainstreaming’ as a weakening of the EU guarantee of gender equality. The essays originated in a research meeting held at the Instituto Internacional de Sociología Jurídica at Oñati (Spain) in June of 2007. Some of the contributors, all employment law experts, discuss problematic aspects of the European Employment Strategy (EES) and its influence on the decentralization of employment policies and related elements of social protection. Other authors concentrate on ‘built-in’ multilevel problems resulting from existing constitutional and administrative structures, while a third group focuses on substantive approaches to employment policies within individual member states. The Bulletin contains updated versions of all papers. In this book the degree of administrative, legal, political, and cultural intricacy involved in a serious engagement with multilevel governance of employment on the European model is put on full view. As a deeply informed analysis of how the idea of multilevel governance has played out within the political and administrative reality of Member States, the book will prove of enormous value to labour and employment law professionals anywhere, as the problems identified here have a global reach.

Regulating Employment Industrial Relations and Labour Law Intl Co
Regulating Employment Industrial Relations and Labour Law Intl Co

Author: Blanpain

Publisher: Kluwer Law International B.V.

Published: 2010-01-01

Total Pages: 226

ISBN-13: 904113199X

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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.

Rethinking Corporate Governance
Rethinking Corporate Governance

Author: Roger Blanpain

Publisher: Kluwer Law International B.V.

Published: 2011-01-01

Total Pages: 394

ISBN-13: 9041134506

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Now that the economic orthodoxy of 'light-touch' regulation has been widely discredited by recent events in the financial markets, and shareholder-oriented management has come under intense scrutiny, it is time to seriously consider the merits of stakeholder-oriented economies. In this far-reaching symposium on this aspect of comparative labour relations, 35 scholars examine case studies and evolving scenarios in a wide variety of countries, from leading economic powers such as the United States, the United Kingdom, and Germany to post-socialist states such as Poland, Hungary, and Bulgaria to the formidable global economic presences of Brazil, Russia, and India. With contributions from leading experts from all around the world in the fields of labour law, industrial relations, labour economics, labour statistics, human resources management, organization theory and other related subjects, the papers focus on the impact of the global economic crisis and its implications for the future of employment. Specific contexts covered include: ; adversarial versus strategic collective bargaining; transnational collective bargaining; long-term employees as the most valuable corporate stakeholders; workers' voice and participation in the restructuring of undertakings; privatization of state-owned companies; executive pay; investment in vocational training in times of economic crisis; the impact of the EU's Cross-Border Merger Directive; inherent dangers in the EMU one-size-fits-all monetary policy; and cases of large-scale corporate fraud. Of particular interest is the treatment of important developments in Singapore and Nigeria, as well as lessons to be learned from pitfalls encountered in South Africa and other countries. With its theoretical arguments and empirical data, this volume is certainly a major contribution to the debate over whether shareholder or stakeholder approaches to management yield the best results in terms of employment outcomes. As the world economic crisis continues to take its toll on employment, pension funds, public services, and living standards, the book is sure to find a wide audience among policymakers and lawyers worldwide concerned with the future of employment relations and their effect on both productivity and social stability. This volume includes a selection of papers from the Eighth International Conference in commemoration of Marco Biagi held at the Marco Biagi Foundation in Modena, Italy in March 2010.

Employment and Vulnerabilities in the World of Orchestral Musicians: Symphonic Metamorphoses
Employment and Vulnerabilities in the World of Orchestral Musicians: Symphonic Metamorphoses

Author: Heather Kurzbauer

Publisher: Kluwer Law International B.V.

Published: 2023-10-25

Total Pages: 392

ISBN-13: 9403527471

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The state subsidies and philanthropy that traditionally allowed orchestras to flourish have greatly diminished in the wake of recent financial crises and the COVID-19 pandemic. As in other fields affected by the precarious labor arrangements prevalent in the world of work today, it is the employees and freelancers—in this case, the musicians themselves—who suffer most. In this deeply knowledgeable and provocative book, a highly acclaimed scholar who combines the roles of law professor, music journalist, and orchestral violinist presents the first major legal study to focus on labor relations and the institutional dynamics at play within orchestras. Drawing on personal interviews with more than 250 orchestral musicians and other stakeholders—whose testimonies and actions often stand in contradiction to narratives provided by cultural economists and government cultural policymakers—the author uncovers the deteriorating welfare of musicians in two countries, the United States and the Netherlands, in which she has considerable practical orchestral experience. The methodology will reverberate with great intensity to musicians worldwide with its novel system of “movements” that focus on different vulnerabilities besetting orchestral players to highlight such issues and topics as: orchestra financing, with a special focus on the nonprofit sector and the changing nature of state subsidies in Europe; the impact of the perception of orchestras as “elitist” and of limited social value; discriminatory practices in auditions and hiring; legal and practical relevance of contemporary questions of employee categorization (regularly employed; self-employed; false self-employed); and how fair practice codes and collective bargaining agreements can be designed, implemented, and enforced. An interdisciplinary approach to a multiplicity of vulnerabilities in the sector, the study incorporates economic, historical and legal research along with a consideration of sociological factors. Case studies—from the EU Court of Justice, the Dutch Supreme Court, the Supreme Court of the United States, and the U.S. National Labor Relations Board—offer practical insight into specific legal issues, including the fundamental question of how musician employees are differentiated from freelancers. Reflecting on the cutbacks and compromises that traumatize orchestral negotiations in today’s musical world, the book not only provides orchestral musicians with a wealth of useful information and suggestions for future action but also adds to the growing body of legal literature on the self-limitations of labor law and the increasing vulnerability of workers. Practitioners in labor and employment law as well as academics in the field will benefit from a powerful analysis of workers’ vulnerabilities in today’s labor market.