European Labour Relations

Author : György Széll
Publisher : Routledge
Page : 243 pages
File Size : 44,6 Mb
Release : 2020-07-24
Category : Business & Economics
ISBN : 9781000160338

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European Labour Relations by György Széll Pdf

This title was first published in 2001. With the increasing economic, political and social integration in Europe, there has been a fundamental change in labour and industrial relations. Not only in the Japanese and American challenges in the triad competition under the slogan of ’Lean Management’ but also ecological and democratic challenges are relevant. The directive for the introduction of European works councils is one example of new forms of industrial relations. The question remains since the Hofstede studies on how far will integration go in guarding the cultural specificity’s and identities. The material is structured in a logical and helpful way with a balanced and complete review of the subject. This first of two volumes concentrates on the general features of the European system of labour relations. Both volumes are addressed particularly to academics and students of business administration, economics, sociology, labour law and organizational psychology at university level, and would also be suitable for intensive courses and seminars in the private sector.

Author : Frans Pennings
Publisher : Kluwer Law International B.V.
Page : 578 pages
File Size : 42,8 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127839

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Social Responsibility in Labour Relations by Frans Pennings Pdf

Since 1945, socially moderated market economies have formed the cornerstone of the European socioeconomic model. Now, however due to powerful global economic, political and demographic tendencies tensions between social and economic interests and values are increasing. These developments create an urgent need for answers, actions and measures on the European level. This wide-ranging but focused collection of essays approaches this important trend from multiple perspectives. Compiled in honour of the major European labour law scholar Teun Jaspers, it encompasses a broad spectrum of analyses and insights by forty-one distinguished contributors from seven countries. Four major tensions are identified: between the European and national level, between fundamental rights and economic freedoms, between workers and employers, and between soft and hard law instruments. Throughout, a comparative approach is emphasized, not only within the EU but also between the EU and China and South Africa. Among the many topics covered are the following: relocation of labour to low-wage countries both within and outside the EU; conditions for tempering the excesses of the free labour market; the legal weight of voluntary standards such as codes of conduct; extending the scope of application of corporate social responsibility norms to transnational enterprises; pressure on national social law due to flexibilization, deregulation and individualization; contract termination protection; employability and training of employees; fixed-term work in the wake of the Mangold ruling; adjustment of working conditions for ill and disabled workers; right to strike; and restructuring of enterprises. In light of the Lisbon strategy, the authors address how the various tensions should be reconciled, especially in the context of the flexicurity approach. The book will be of great interest to academics and practitioners for its clear categorization of the issues which must be overcome when regulating employment and social policy in the context of todayand’s EU multilevel legal order. It pays detailed attention to the legal questions raised by emerging European labour and employment policies in respect of their specific materialization, the opportunities they offer, their feasibility, and the threats they pose to traditional workerand’s protection and, more generally, to traditional concepts of labour law.

Author : Matteo Bottero
Publisher : Kluwer Law International B.V.
Page : 547 pages
File Size : 41,7 Mb
Release : 2020-12-11
Category : Law
ISBN : 9789403528649

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Posting of Workers in EU Law by Matteo Bottero Pdf

Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.

Author : György Széll
Publisher : Unknown
Page : 392 pages
File Size : 52,6 Mb
Release : 2001
Category : Industrial relations
ISBN : NWU:35556034297051

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European Labour Relations: Common features by György Széll Pdf

Author : Alan Bogg,Cathryn Costello,A.C.L. Davies
Publisher : Edward Elgar Publishing
Page : 592 pages
File Size : 45,5 Mb
Release : 2016-12-30
Category : Law
ISBN : 9781783471126

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Research Handbook on EU Labour Law by Alan Bogg,Cathryn Costello,A.C.L. Davies Pdf

Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.

Author : ter Haar, Beryl,Kun, Attila
Publisher : Edward Elgar Publishing
Page : 488 pages
File Size : 51,7 Mb
Release : 2021-12-09
Category : Law
ISBN : 9781788116398

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EU Collective Labour Law by ter Haar, Beryl,Kun, Attila Pdf

This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU’s competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy.

Author : György Széll
Publisher : Gower Publishing Company, Limited
Page : 280 pages
File Size : 43,9 Mb
Release : 2001
Category : Business & Economics
ISBN : STANFORD:36105025327094

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European Labour Relations: Selected country studies by György Széll Pdf

This volume presents a selection of case studies on European labour relations from selected countries including the Czech republic, Denmark, Finland, France, Greece, Japan, Norway, Poland, Sweden, The Netherlands, the United Kingdom and the United States.

Author : Brian Bercusson
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 52,6 Mb
Release : 2006
Category : Charter of Fundamental Rights of the European Union
ISBN : 3832921087

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European Labour Law and the EU Charter of Fundamental Rights by Brian Bercusson Pdf

What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.

Author : Alain Supiot,Pamela Meadows
Publisher : Oxford University Press, USA
Page : 276 pages
File Size : 51,5 Mb
Release : 2001
Category : Business & Economics
ISBN : 0199243050

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Beyond Employment by Alain Supiot,Pamela Meadows Pdf

'Beyond Employment is a useful contribution to the debate on how society should go about regulating work in the early 21st century.' -John Philpott, Financial Adviser'Suited to students interested in labour law and employment in Europe' -European Access PlusThis book is the English edition of what has become widely known as 'The Supiot Report', a bold and far-reaching look at the changing nature of work, employment and labour institutions, and systems of regulation and welfare. The author places recent developments in their economic, social, institutional, and legal contexts, and draws upon illustrations from a number of European countries.

Author : Mia Ronnmar
Publisher : Kluwer Law International B.V.
Page : 358 pages
File Size : 50,8 Mb
Release : 2008-08-26
Category : Law
ISBN : 9789041145284

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EU Industrial Relations v. National Industrial Relations by Mia Ronnmar Pdf

The relationship between the national and international has been central in the debate on the impact of globalisation on national patterns of employment relations. While some industrial relations researchers in recent years have put forward evidence not of convergence, but rather of continuing national diversity in employment relations, others see a complex power-sharing interplay emerging for which Europe is the laboratory. This ground-breaking book asks: Do EU or European industrial relations exist? What characterises EU industrial relations and their development? What are the differences between EU industrial relations and national industrial relations? Twelve outstanding authorities from seven countries discuss the theme from a variety of perspectives. Originally presented at an international and interdisciplinary research workshop held at the Faculty of Law at Lund University in November 2007, the essays probe a range of highly topical and important legal and industrial relations issues and developments, including the implications of the epochal and much-debated Laval and Viking cases from the European Court of Justice. The focus is on the EU dimension of industrial relations, common to the Member States, and not on comparative European industrial relations. The authors raise and discuss such crucial issues as the following: the power relationship and interactions between the social partners within the framework of the social dialogue; growing problems of posting of workers, low wage competition, and ‘social dumping’; approaches to creating an EU legal framework for transnational collective agreements; the right to take industrial action in order to achieve collective agreements; the fundamental asymmetry between the scope of action of players in companies and territories affected by restructurings; information, consultation and worker participation; potential benefits of increased tripartite co-operation between the social partners and governments; compatibility of the Swedish or Nordic system with the four freedoms and its eligibility as a European model; and issues of private international law arising from collective actions with transnational implications. An appendix includes relevant EC legislation and the ECJ opinions in Laval and Viking. EU Industrial Relations vs National Industrial Relations explores an emerging and still inchoate realm of law that is heavily fraught with implications for the near future of social relations, not only in Europe but worldwide. Labour lawyers and policymakers will greatly appreciate its precise stocktaking, its insightful analysis, and its well-informed recommendations on how to proceed in the realm of practical law.

Author : Paul Teague
Publisher : Routledge
Page : 208 pages
File Size : 47,6 Mb
Release : 2005-10-25
Category : Business & Economics
ISBN : 9781134698295

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Economic Citizenship in the European Union by Paul Teague Pdf

Paul Teague explores the macro-economic, productive and institutional pressures faced by Europe's social model and assesses a number of economic and political programmes aimed at resolving the crisis. It also considers the role of the European Union building a social dimension to the European economy. The findings suggest that the future of traditional institutions of Social Europe is under threat. However, they also stress that we are not on the threshold of the 'Americanisation' of European life. This study finds that the influential political forces that reject the dismantling of Europe's social model should not be preoccupied with defending inherited institutions. Instead this book argues that they should encourage the construction of new forms of social solidarity compatible with the complexities of modern economic life.

Author : Georges Spyropoulos,Gabriel Fragnière
Publisher : P.I.E-Peter Lang S.A., Editions Scientifiques Internationales
Page : 204 pages
File Size : 55,6 Mb
Release : 1991
Category : Europe
ISBN : CORNELL:31924069051245

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Work and Social Policies in the New Europe by Georges Spyropoulos,Gabriel Fragnière Pdf

Work and Social Policies in the New Europe deals with one of the most urgent challenges which Europe faces in this decade: the social dimension of the new unified Europe. In the new economic landscape which the single market will create before the end of this Century, it is important to have answers to the following questions. How are we going to work and under which kind of employment contract? Who will decide about our social security systems? What kind of negotiations will take place about the level of our welfare and the condition of our work? Who are the social partners and what kind of delegation do they have? What will be the role of the individual States in this negotiations? What are the arguments justifying the position of the unions or the employers? Who will finally decide about the social laws in tomorrow's Europe? This very timely and most useful book is about our life in the future. It shows how those who are involved in shaping it - from the individual experts to the members of the European Commission - look at the problem and can take the necessary democratic action to build the social Europe of the next Century.

Author : Linda Dickens,Søren Kaj Andersen,International Industrial Relations Association. European Regional Congress
Publisher : Kluwer Law International B.V.
Page : 285 pages
File Size : 45,5 Mb
Release : 2008-01-01
Category : Law
ISBN : 9789041127716

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Challenges of European Employment Relations by Linda Dickens,Søren Kaj Andersen,International Industrial Relations Association. European Regional Congress Pdf

Has European economic and market integration curtailed the autonomy of national industrial relations actors and institutions? Or has it reinforced their roles in securing much-needed economic adjustment? This important book offers a deeply-informed comparative perspective on these questions, drawing on empirical research on changing conditions within and beyond the EU. The book builds on papers presented at the 8th European Regional Congress of the International Industrial Relations Association, held in the UK in September 2007. The authors are leading academic authorities from Austria, Belgium, Canada, Denmark, Germany, The Netherlands, Norway, Spain, and the United Kingdom. With detailed attention to such pervasive factors as the consequences of EU enlargement, the shift from manufacturing to services, changes in the gender composition and demographic profile of the labour force, and the growing influence of multinational companies, the authors address such issues as the following: * response of national employment regulatory traditions to globalization, privatization, outsourcing and budgetary pressures; emergence of new forms of competitive advantage for both employers and employees; impact of EU-mandated information and consultation mechanisms; possibility of international union action and transnational solidarity; 'flexicurity' and the changing demographics of the labour force; gender democracy in trade unions; trade union mergers; statutory minimum conditions as an alternative to collective bargaining; regulation or culture change to promote equality; treatment of posted and migrant workers within increasingly transnational labour markets; growth in variable pay systems; and possible rebirth of vocational training systems and apprenticeships. Offering in-depth comparative insights into the way in which national and international systems of employment relations are evolving rapidly in the face of cross-cutting pressures for change, this book illuminates a vastly complex state of affairs. In practical terms, its many insights into how current trends affect specific working conditions open the way to new initiatives in developing and maintaining a just and equitable employment relations regime for Europe and beyond.

Author : Jim Arrowsmith,Valeria Pulignano
Publisher : Routledge
Page : 280 pages
File Size : 54,8 Mb
Release : 2013-09-11
Category : Business & Economics
ISBN : 9781135010041

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The Transformation of Employment Relations in Europe by Jim Arrowsmith,Valeria Pulignano Pdf

Since the 1980s, the process of European economic integration, within a wider context of globalization, has accelerated employment change and placed a new premium on ‘flexible’ forms of work organization. The institutions of employment relations, specifically those concerning collective bargaining between employers and trade unions, have had to adapt accordingly. The Transformation of Employment Relations focuses not just on recent change, but charts the strategic choices that have influenced employment relations and examines these key developments in a comparative perspective. A historical and cross-national analysis of the most important and controversial ‘issues’ explores the motivation of the actors, the implementation of change, and its evolution in a diverse European context. The book highlights the policies and the role played by different institutional and social actors (employers, management, trade unions, professional associations and governments) and assesses the extent to which these policies and roles have had significant effects on outcomes. This comparative analysis of the transformation of work and employment regulation, within the context of a quarter-century timeframe, has not been undertaken in any other book. But this is no comparative handbook in which changes are largely described on a country-by-country basis, but instead, The Transformation of Employment Relations is rather focused thematically. As Europe copes with a serious economic crisis, understanding of the dynamics of work transformation has never been more important.

Author : Roger Blanpain,Frank Hendrickx
Publisher : Kluwer Law International B.V.
Page : 224 pages
File Size : 43,6 Mb
Release : 2011-05-11
Category : Law
ISBN : 9789041142726

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Labour Law between Change and Tradition by Roger Blanpain,Frank Hendrickx Pdf

On the occasion of the official ‘retirement’ of the eminent labour law scholar Antoine Jacobs, a number of his colleagues – themselves well-respected in the field of labour law and industrial relations – have assembled this volume of essays to manifest the breadth and variety of this great professor’s work. The authors pay particular attention to the tension, always present in Jacobs’s critical research, of traditional values with an acute awareness of emerging realities. He approached labour law, not merely as a series of static issues concerning workers and employers, but as an evolving discipline that persistently challenged its socio-political context. Among the wide range of issues considered in this collection – all of them prominent in Jacobs’s work – are the following: the right to work; the right to strike versus the freedom to strike; the role of the European Union in national labour law; transnational collective bargaining; social security issues; labour law and the social teaching of churches; bankruptcy; and more.