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Author: Manfred Weiss
Publisher: Kluwer Law International B.V.
Published: 2008-01-01
Total Pages: 278
ISBN-13: 9041127933
DOWNLOAD EBOOKLabour Law and Industrial Relations in Germany gives the reader a broad understanding of German labour law covering all important aspects. The book deals with the sources of labour law, individual employment relationships, collective bargaining, remuneration, working conditions, and dispute settlement.
Author: Valeria Pulignano
Publisher: Kluwer Law International B.V.
Published: 2019-11-07
Total Pages: 304
ISBN-13: 9403518200
DOWNLOAD EBOOKIt cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.
Author: Martin Behrens
Publisher: Nomos Verlagsgesellschaft
Published: 2019
Total Pages: 0
ISBN-13: 9783848759743
DOWNLOAD EBOOKThis special edition of 'WSI-Mitteilungen', the academic journal of the Institute of Economic and Social Research (WSI), focuses on the state of labour relations in Germany. The system of German industrial relations aroused lively interest following the corporatist crisis management of 2009/2010, which was credited with 'Germany's jobs miracle'. In 2019, it is apparent that although works councils and multi-employer collective bargaining-the core institutional pillars which shape the dual system of German industrial relations-are still alive, labour relations as a whole are undergoing substantial changes. It is the aim of this special issue to contribute to improving our understanding of these changes, and also to open up new perspectives on both the theory and practice of industrial relations.
Author: Tamás Gyulavári
Publisher: Kluwer Law International B.V.
Published: 2019-12-06
Total Pages: 634
ISBN-13: 9403502045
DOWNLOAD EBOOKLabour 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.
Author: Adalberto Perulli
Publisher: Kluwer Law International
Published: 2019
Total Pages: 0
ISBN-13: 9789403506616
DOWNLOAD EBOOKThe Role of the State and Industrial Relations', using a comparative approach (the European Union, France, Spain, Germany, Italy, Japan, China, the United States, Brazil, South Africa and India), reconstructs the general framework of global industrial relations considering challenges and future prospects and proposing a new agenda for the state. The new era of industrial relations that has been stealthily changing the world of work in recent decades seems to have reached a stage where it can be systematically monitored and analyzed, in great part because the "creeping renationalization" that has been noted since the financial crisis of 2008 has reinvigorated state intervention in essential economic structures. In the globalized word, with the internationalization of the economy and increasing competitive pressures, industrial relations are developing in new directions. The contributions in this book provide important new perspectives on the many challenges inherent in the present and future of the relationship between industrial relations and the state.
Author: Adalberto Perulli
Publisher: Kluwer Law International B.V.
Published: 2020-12-10
Total Pages: 500
ISBN-13: 9403528613
DOWNLOAD EBOOKStudies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.
Author: Martin C. Euwema
Publisher: Springer
Published: 2019-05-28
Total Pages: 337
ISBN-13: 3319925318
DOWNLOAD EBOOKThis 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.
Author: Matthew W. Finkin
Publisher: Edward Elgar Publishing
Published: 2015-07-31
Total Pages: 504
ISBN-13: 1781000131
DOWNLOAD EBOOKEconomic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This bo
Author: Ingrid Artus
Publisher:
Published: 2016
Total Pages: 254
ISBN-13: 9781443888790
DOWNLOAD EBOOKThis book presents a review of the last twenty years of research in German industrial relations. Divided into three parts, it begins by exploring the major developments in this field of research. It then describes the academic field of industrial relations in Germany from different perspectives, looking back on twenty years of Industrielle Beziehungen the German Journal of Industrial Relations. This is rounded off by an analysis of the changes in the real world of the German model and its major institutions, namely the DGB trade unions and co-determination on the establishment-level. In addition, the book discusses the contributions of neighbouring disciplines, particularly human resource management, economics, and labour law. As the German model and its developments are interesting not only for researchers in industrial relations, but also for practitioners in business and administration, this volume addresses both groups of readers.
Author: Susan Hayter
Publisher:
Published: 2018
Total Pages: 0
ISBN-13: 9789221316091
DOWNLOAD EBOOKCollective bargaining involves a process of negotiation between one or more unions and an employer or employers' organisation(s). The outcome is a collective agreement that defines terms of employment - typically wages, working hours and in-work benefits. The agreement affords labour protection: minimum wages, regular earnings; limits on working hours and predictable work schedules; safe working environments; parental leave and sick leave; and a fair share in the benefits of increased productivity. The International Labour Organization (ILO) Collective Agreements Recommendation 1951 (No. 91) considers, where appropriate and having regard to national practice, that measures should be taken to extend the application of all or some provisions of a collective agreement to all employers and workers included wthin the domain of the agreement. The extension of a collective agreement generalises the terms and conditions of employment, agreed between organised firms and workers, represented through their association(s) and union(s), to the non-organised firms within a sector, occupation or territory. The collection of chapters in this volume are about the extension of collective agreements as an act of public policy.
