International Labour Law
International Labour Law

Author: Jean-Michel Servais

Publisher: Kluwer Law International B.V.

Published: 2017-04-24

Total Pages: 404

ISBN-13: 9041189386

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No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: • the relationship between international labour law and economic competition • standards on industrial relations • collective bargaining and dispute settlement procedures • protection of trade unions • prohibitions on enforced and child labour • promotion of equal opportunity and treatment • time and rest provisions • wage determination and protection • occupational health and safety provisions • special issues on non-standard forms of employment • foreign and migrant workers • social security provisions • privacy protection The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book's combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers ́ organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This fifth edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.

Everyday Transgressions
Everyday Transgressions

Author: Adelle Blackett

Publisher: Cornell University Press

Published: 2019-04-15

Total Pages: 200

ISBN-13: 1501715763

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The book's breadth and grounding in labor law make it most accessible and useful to a professional audience, but even nonspecialists and lay readers will appreciate Blackett's insights about law and domestic work and provocative issues such as social stratification and immigration.― Choice Adelle Blackett tells the story behind the International Labour Organization's (ILO) Decent Work for Domestic Workers Convention No. 189, and its accompanying Recommendation No. 201 which in 2011 created the first comprehensive international standards to extend fundamental protections and rights to the millions of domestic workers laboring in other peoples' homes throughout the world. As the principal legal architect, Blackett is able to take us behind the scenes to show us how Convention No. 189 transgresses the everyday law of the household workplace to embrace domestic workers' human rights claim to be both workers like any other, and workers like no other. In doing so, she discusses the importance of understanding historical forms of invisibility, recognizes the influence of the domestic workers themselves, and weaves in poignant experiences, infusing the discussion of laws and standards with intimate examples and sophisticated analyses. Looking to the future, she ponders how international institutions such as the ILO will address labor market informality alongside national and regional law reform. Regardless of what comes next, Everyday Transgressions establishes that domestic workers' victory is a victory for the ILO and for all those who struggle for an inclusive, transnational vision of labor law, rooted in social justice.

The Sources of Labour Law
The Sources of Labour Law

Author: Tamás Gyulavári

Publisher: Kluwer Law International B.V.

Published: 2019-12-06

Total Pages: 634

ISBN-13: 9403502045

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Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

International Labour Law
International Labour Law

Author: N. Valticos

Publisher: Springer Science & Business Media

Published: 2013-06-29

Total Pages: 266

ISBN-13: 9401744025

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This text was prepared as a monograph for the International Encyclopaedia for Labour Law and Industrial Relations. It is based on a more detailed work which appeared in French in 1970 and in Spanish in 1977. The material was brought up to date and recast to correspond to the type of monographs con tained in the Encyclopaedia, which were aimed at providing concise, but reasonably detailed information and analysis of national laws and practice. Thus indications concerning the historical background, important as they may be in the present case, as well as the discussion of a number of theoretical questions, have had to be considerably reduced. However, detailed, up-to date information is provided on the system of international labour standards and on the substantive provisions of the most important of these international instruments. As part of the Encyclopaedia for Labour Law and Industrial Relations, the present study will most probably reach those engaged in research in the field of labour law, as well as many employers' organisations and a large section of the trade union movement. However, it has been considered useful to publish the study also in book form to facilitate its use in wider circles such as university teachers and students, diplomats, politicians, international lawyers, and those engaged in daily trade union activities. Table of Contents List of Abbreviations 15 Introduction 17 CHAPTER I. HISTORICAL AND GENERAL BACKGROUND 17 § 1. Definition 17 §2. Historical development 17 §3.

Maternity and Paternity at Work
Maternity and Paternity at Work

Author: Laura Addati

Publisher:

Published: 2014

Total Pages: 216

ISBN-13:

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This report provides a picture of where we stand and what we have learned so far about maternity and paternity rights across the world. It offers a rich international comparative analysis of law and practice relating to maternity protection at work in 185 countries and territories, comprising leave, cash benefits, employment protection and non-discrimination, health protection, breastfeeding arrangements at work and childcare. Expanding on previous editions, it is based on an extensive set of new legal and statistical indicators, including coverage in law and in practice of paid maternity leave as well as statutory provision of paternity and parental leave and their evolution over the last 20 years. The report also takes account of the recent economic crisis and austerity measures. It shows how well national laws and practice conform to the ILO Maternity Protection Convention, 2000 (No. 183), its accompanying Recommendation (No. 191) and the Workers with Family Responsibilities Convention, 1981 (No. 156), and offers guidance on policy design and implementation. This report shows that a majority of countries have established legislation to protect and support maternity and paternity at work, even if those provisions do not always meet the ILO standards. One of the persistent challenges is the effective implementation of legislation, to ensure that all workers are able to benefit from these essential labour rights.

Monitoring International Labor Standards
Monitoring International Labor Standards

Author: National Research Council

Publisher: National Academies Press

Published: 2003-05-28

Total Pages: 97

ISBN-13: 0309088585

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The NRC has convened the Committee on Monitoring International Labor Standards to provide expert, science-based advice on monitoring compliance with international labor standards. The committee held a workshop in July 2002 to assess the quality of information and measures of progress towards compliance with international labor standards. This document summarizes the workshop. Reflecting the workshop agenda, this report focuses primarily on the availability and quality of information to measure compliance with four core international labor standards that were identified in 1998 by the ILO. The goal of this workshop summary is to communicate the key ideas and themes that emerged from the workshop presentations and discussions.

International Labour Law
International Labour Law

Author: Barbara J. Fick

Publisher:

Published: 2015

Total Pages: 0

ISBN-13: 9781783476022

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This timely research review provides a comprehensive discussion of seminal articles analyzing and debating current key topics in the field of international labour law. In particular, the review focuses on the central role of the International Labour Organization (ILO) in the adoption and enforcement of labour standards, as well as the normative content of ILO Conventions forming the basis for the ILO Declaration on Fundamental Principles and Rights at Work. Professor Fick also pinpoints important articles which critically consider non-ILO mechanisms for enforcing labour standards assessing their effectiveness and practicality as well as scholarship reflecting on the future of international labour law and how it is impacted by the ILO Declaration, the dialogue on human rights and changes in the nature of the labour market in a global economic system.

Global Justice and International Labour Rights
Global Justice and International Labour Rights

Author: Yossi Dahan

Publisher: Cambridge University Press

Published: 2016-04-15

Total Pages: 313

ISBN-13: 1107087872

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Presents innovative perspectives on the moral and legal obligations of individuals and institutions toward workers in the global era.