"This book gives employers a clear understanding of Dutch employment law, with practical and legal information on the hiring and firing of employees, terms and conditions of employment, workplace issues, and the rights of works councils. It offers practical guidance to in-house counsel and lawyers who deal with Dutch labour law and codetermination issues, and also serves to facilitate communication between foreign business persons and their Dutch counsel." "This is a handbook for Dutch employers, in-house counsel, and employment and labour lawyers representing foreign companies with business interests in the Netherlands." --Book Jacket.
This volume focuses on describing the social dialogue system in organizations from an Human Resources Management perspective. Based on the NEIRE model for industrial relations, key factors are determined contributing to creative social dialogue in European organizations. Actual data from surveys and interviews from more than 700 CEO and HR managers in eleven European countries give insights in the experiences with and expectations of employers of social dialogue. The volume offers a comprehensive introduction to the historical context and current situation in social dialogue in these countries. This context helps to understand the current major challenges in each country when it comes to a vital social dialogue. Using good practices from many organizations, this book offers an agenda for innovative and cooperative social dialogue in organizations.
As the influence of labor unions declines in many industrialized nations, particularly the United States, the influence of workers has decreased. Because of the need for greater involvement of workers in changing production systems, as well as frustration with existing structures of workplace regulation, the search has begun for new ways of providing a voice for workers outside the traditional collective bargaining relationship. Works councils—institutionalized bodies for representative communication between an employer and employees in a single workplace—are rare in the Anglo-American world, but are well-established in other industrialized countries. The contributors to this volume survey the history, structure, and functions of works councils in the Netherlands, Germany, France, Spain, Sweden, Italy, Poland, Canada, and the United States. Special attention is paid to the relations between works councils and unions and collective bargaining, works councils and management, and the role and interest of governments in works councils. On the basis of extensive comparative data from other Western countries, the book demonstrates powerfully that well-designed works councils may be more effective than labor unions at solving management-labor problems.
Corporate law is the heart of legal practice concerning foreign investments, business operations and rep-offices in The Netherlands. This book provides all the necessary details. Written by Steven R. Schuit, partner in the international law firm Allen & Overy, Amsterdam office, it has now been revised and updated by Barbara Bier, a longstanding expert as a deputy civil law notary. The relevant chapters on works councils and taxation were written by other Allen & Overy partners, who also have a background of advising business clients over a long period of time. This book is indispensable for business executives, accountants, lawyers, tax consultants, and business advisers. It is also now being used by several Dutch universities for their foreign students program. The cumulative index and the table of contents contribute greatly to its usefulness.
What is the status quo of the position of Dutch works councils in multinational corporations, and which tools within the Dutch legal framework can be utilised in order to secure the successful involvement of the works council in the decision-making process in light of the increasingly globalised economy? The findings of this book show that many participation rights are frequently used in practice, but not always. The inventory of good practices further revealed that a multitude of potential solutions are applied in practice. They show that, through negotiation and long-term experiences with participation mechanisms, tailor-made employee participation processes can be achieved. Overall, the position of the examined Dutch works councils is solid. However, works councils, management and supervisory boards, and other stakeholders need to work on several aspects in order to improve the position of works councils and to safeguard their statutory rights, a theme that is emphasised throughout this study. Marcus Meyer's primary research focus is on employee participation issues in multinational corporations, both under national and EU law. His research is primarily of an empirical nature and focuses both on quantitative, as well as qualitative, legal research. Having participated in a number of research projects on cross-border mergers and corporate mobility, he also has a strong interest in corporate governance issues. (Series: Maastricht Law Series, Vol. 3) [Subject: Commercial Law, Dutch Law, Corporate Law]
The Employment Law Review, edited by Erika C Collins of Proskauer Rose LLP, serves as a tool to help legal practitioners and human resources professionals identify issues that present challenges to their clients and companies. As well as in-depth examinations of employment law in 48 jurisdictions, the book provides further general interest chapters covering the variety of employment-related issues that arise during cross-border merger and acquisition transactions, aiding practitioners and human resources professionals who conduct due diligence and provide other employment-related support in connection with cross-border corporate M&A deals. Other chapters deal with global diversity and inclusion initiatives across the globe, social media and mobile device management policies, and the interplay between religion and employment law. Contributors include: Els de Wind, Van Doorne; Annie Elfassi, Loyens Loeff. "e;Excellent publication, very helpful in my day to day work."e; - Mr Frederic Thoral, Head of HR, BNP Paribas"e;Excellent coverage and detail on each country is brilliant."e; - Mr Raani Costelloe, General manager of Legal and Business Affairs, Sony music Entertainment, Australia"e;An excellent resource for in-house counsel for a company with an international footprint."e; - Mr John R Pendergast, Senior Counsel, BASF Corporation, USA"e;It's invaluable to any lawyer dealing with cross-border and privacy-related employment issues and is a cornerstone to my own legal research"e; - Oran Kiazim, Vice President, Global Privacy, SterlingBackcheck, UK
This open access book opens up the black box of mediation in collective conflicts through the analyses and comparisons of various systems. Mediation and related third party interventions such as conciliation and facilitation are discussed as effective prevention and regulation tools for different types of collective labor conflicts. These interventions fit in a new developed five-phase model of collective conflicts in organizations, going from capacity building in latent conflicts, through conciliation, mediation and arbitration in escalating phases, to rebuilding of trust after hot conflicts. The authors promote understanding and discussion with regards to labor mediation systems, presenting comparative research on the perspectives of mediators and users of mediation. This book describes and analyses laws, regulations and practices of mediation in seventeen countries, with a relative strong emphasis on Europe. Part 1 presents theoretical frameworks on conciliation and mediation in collective labor conflicts. Part 2 presents regulations and practices in 12 European countries: Belgium, Denmark, Estonia, France, Italy, Poland, Portugal, Spain, The Netherlands, and the United Kingdom. Part 3 discusses mediation in these collective conflicts in Australia, China, India, South Africa and the USA. Part 4 offers conclusions and ways forward. This book offers analyses, good practices and developments for third party intervention in collective labor conflicts in global and local changing environments. This book is a must-read for policy makers, , social partners at different levels, as well as scholars and practitioners in industrial relations, human resources management and conflict management, particularly conciliators and mediators.
This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea and Japan. It explores and explains the effects of globalization and discusses the role played by international labor law as it affects lawyers, business, labor, labor unions and human resource management, and the labor issues that can arise in dealing in EA trade and investment. The text, and the readings (from area experts), are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions and dispute resolution).
