Flexibilisation And Modernisation Of The Turkish Labour Market

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Flexibilisation and Modernisation of the Turkish Labour Market

Roger Blanpain,Toker Dereli
Flexibilisation and Modernisation of the Turkish Labour Market Book PDF

Author : Roger Blanpain,Toker Dereli
Publisher : Kluwer Law International B.V.
Page : 218 pages
File Size : 48,7 Mb
Release : 2006-01-01
Category : Law
ISBN : 9789041124906

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Flexibilisation and Modernisation of the Turkish Labour Market by Roger Blanpain,Toker Dereli Pdf

The creation of dynamic and flexible labour markets increasing flexibility by removing existing rigidities is widely seen as contributing to economic growth. Expectations from flexibility centre on the creation of employment and thus reducing unemployment, increasing the adaptability of enterprises, social inclusion of marginal groups on the labour market (particularly women and young first entrants), and combating undeclared work. Since the acquis communautaire includes instruments on flexible work, Turkey, while preparing itself for accession to the EU, has to take measures to increase flexibility. Moreover, flexibilisation contributes to modernisation of the Turkish labour market, as it has to increase the participation of women in work and it has to reduce the huge informal labour market. The studies and proposals underlying this book were initiated within the framework of the Matra Pre-accession Projects Programme of the Netherlands Ministry of Foreign Affairs. So many valuable information came to light in the course of the project that this revised and updated version of the reports is now presented to a wider audience. Its keen insights, applicable both in general and specifically to Turkey, shed light on such vital employment issues as the following: A general introduction to key actors in the Turkish labour market; models of linking security with flexibility; relation between the formal and informal labour markets; industrial relations and collective bargaining; reciprocal rights and duties of worker and employer; the application of existing labour legislation; protection of flexible workers in social security. In their analysis of the Turkish case the authors explore the role of the Ministry of Labour and Social Security and its affiliated institutions: the Social Security Institution (Sosyal G?venlik Kurumu) and Is-Kur (which has evolved from the former Public Employment Services Organisation BK); the consistency of the flexibliity clauses of the new Turkish Labour Act with the acquis; and Turkish solutions as compared with those of EU Member States. Although it focuses on Turkey and will be of particular interest to practitioners and scholars concerned with EU and Turkish law, the factual and descriptive analysis of labour flexibilisation that the study provides complete with various detailed models of flexibilisation will be of great value in assessing the state of employment law in any country experiencing the economic pressure of the current transitional period in worklife realities.

Flexibilisation and Modernisation of the Turkish Labour Market

Toker Dereli
Flexibilisation and Modernisation of the Turkish Labour Market Book PDF

Author : Toker Dereli
Publisher : Kluwer Law International B.V.
Page : 220 pages
File Size : 51,9 Mb
Release : 2006
Category : Law
ISBN : 904112490X

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Flexibilisation and Modernisation of the Turkish Labour Market by Toker Dereli Pdf

Offering the authors' analysis of the Turkish case, this work explores the role of the Ministry of Labour and Social Security and its affiliated institutions: the Social Security Institution (Sosyal Guvenlik Kurumu) and fl-Kur (which has evolved from the former Public Employment Services Organisation BK).

Labour Markets, Industrial Relations and Human Resources Management in Europe

Roger Blanpain
Labour Markets Industrial Relations and Human Resources Management in Europe Book PDF

Author : Roger Blanpain
Publisher : Kluwer Law International B.V.
Page : 297 pages
File Size : 49,8 Mb
Release : 2012-03-01
Category : Law
ISBN : 9789041141941

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Labour Markets, Industrial Relations and Human Resources Management in Europe by Roger Blanpain Pdf

Social models are always contested and ambiguous. This is particularly evident in the field of human resources management, where decisions that ultimately affect the patterns of social relations are made every day. This collection of in-depth essays focuses on some central human resources elements – gender, youth, ageing, educational background, training, workers’ rights – providing an up-to-date summary and analysis of how employers are dealing – and should be dealing – with workforce characteristics under current globalized forces. The emphasis is on Europe, but valuable insights come also from Chile, Canada, and the United States. Sixteen experts discuss such important issues as the following: the shift from intervention in favour of workers’ rights towards corporate neo-liberal policies; importance of transnational framework agreements in countries where a trade union; tradition is lacking; evidence that provision of childcare promotes female labour market participation; short-time working, labour hoarding, and labour underutilization; enhancing training policies for employable skills; enforcement of corporate social responsibility; alarmingly high rates of precarious employment; worldwide decline of full-time permanent positions; pension system reform; over-exposure of young people to non-standard employment; discouraged workers; regional imbalances in employment policy; and weaknesses of education programmes in connection with the world of work. Industrial relations and human resources professionals as well as employment lawyers worldwide will welcome this incisive analysis, and academics everywhere are sure to benefit from its evidence, insights, and proposals. The book presents a selection of papers from the international conference in commemoration of Marco Biagi entitled Europe 2020: Comparative Perspectives and Transnational Action, held at the Marco Biagi Foundation in Modena, Italy. 17–19 March 2011.

Labor and Employment Relations in a Globalized World

Toker Dereli,Y. Pinar Soykut-Sarica,Asli Şen-Taşbaşi
Labor and Employment Relations in a Globalized World Book PDF

Author : Toker Dereli,Y. Pinar Soykut-Sarica,Asli Şen-Taşbaşi
Publisher : Springer Science & Business Media
Page : 272 pages
File Size : 45,9 Mb
Release : 2014-04-15
Category : Business & Economics
ISBN : 9783319043494

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Labor and Employment Relations in a Globalized World by Toker Dereli,Y. Pinar Soykut-Sarica,Asli Şen-Taşbaşi Pdf

This book explores the new challenges for work and employment relations in the wake of globalization. It describes contemporary developments and ways in which labor relations systems are evolving around the world and in Turkey. Authors combine the latest information with in-depth insights on a variety of issues. The implications of international trade for employment, the dichotomy between competitiveness and meeting international labor standards, the multinationals’ effects on labor relations, social policy implications of American higher education, the search for the right regulatory balance between labor flexibility and job security, challenges faced in establishing temporary work agencies, the role of skills training and providing women with micro credits to overcome informal employment problems are just some of the issues analyzed in this book. Thus, the contributions from Turkish and international institutions offer a valuable overview of the ongoing discussions in the field of labor economics and employment relations.

Europeanisation of Public Policy in Southern Europe

Canan Balkir,H. Tolga Bolukbasi,Ebru Ertugal
Europeanisation of Public Policy in Southern Europe Book PDF

Author : Canan Balkir,H. Tolga Bolukbasi,Ebru Ertugal
Publisher : Routledge
Page : 185 pages
File Size : 50,8 Mb
Release : 2015-09-07
Category : Political Science
ISBN : 9781317802907

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Europeanisation of Public Policy in Southern Europe by Canan Balkir,H. Tolga Bolukbasi,Ebru Ertugal Pdf

Large or small, old EU member or new, and even EU member state or not – political economies across Southern Europe have been increasingly but distinctively ‘Europeanised’. In political, public and scholarly debates on processes of Europeanisation, Southern Europe invariably features as the area of concern. These concerns have been all the more heightened when the current sovereign debt crisis disproportionately hit this ‘flaky fringe’. This volume systematically investigates the dynamics of Europeanisation in the ‘Southern Periphery’ by tracing the domestic constellations of ideas, interests and institutions over the course of the 2000s which came to a close with the crisis. Bringing together a multidisciplinary team of leading specialists, the volume focuses on the political economy of public policy reform in Greece, Italy, Malta, Portugal, Spain and Turkey. In order to allow for cross-case comparisons, these original country studies follow a common template framed by what the Editors call the ‘Europeanisation as research programme’. The volume casts empirical light on the causes of the crisis in these cases as well as the past legacies conditioning their responses to the crisis. Its conclusions point to variegated patterns of Europeanisation in different policy areas across Southern Europe. This volume will be of interest to students and scholars of European integration, European political economy, European public policy and comparative politics as well as specialists of Southern Europe. This book was published as a special issue of South European Society and Politics.

Individual Labour Rights as Human Rights

Elena Sychenko
Individual Labour Rights as Human Rights Book PDF

Author : Elena Sychenko
Publisher : Kluwer Law International B.V.
Page : 274 pages
File Size : 46,9 Mb
Release : 2017-03-01
Category : Law
ISBN : 9789041186461

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Individual Labour Rights as Human Rights by Elena Sychenko Pdf

In recent years there has been a substantial debate over the interconnection between labour rights and human rights. Consequently, the jurisprudence of the European Court of Human Rights (ECtHR) concerning substantive individual labour rights, or ‘rights at work’, is coming to greater prominence at the national level throughout the forty-seven Member States of the Council of Europe. This is the first book in English to provide a thorough analysis of the Court’s most recent case law – cases considered in the period from 1963 to 2016 – on fundamental employment rights such as the right to wages, protection from discrimination and unfair dismissal, the right to occupational safety at work, and civil liberties such as the freedom of association, the freedom of religion and expression, and the right to privacy. Drawing on close scrutiny of 347 cases since 1963, the author traces the evolutionary development of the Court’s positions on labour rights as human rights through case analyses, commentary, and general conclusions in each of several categorical groupings. Recent trends are treated in substantial detail. Among the issues and topics raised are the following: – interrelation of ECtHR case law and national labour rights protection; – benefits for employees of reference to ECtHR case law in national proceedings; – role of International Labour Organization conventions and of the European Social Charter in the Court’s reasoning; – application of balancing and proportionality test in relevant to labour law cases; – public criticism of employer, disclosure of information, and standards of whistle-blowers’ protection; and – positive obligations of the State in the ¬field of occupational safety and health. This book offers the most detailed and considered analysis available of how individual labour rights have been referred to in the human rights jurisprudence of the ECtHR. Given that the Court’s positions have already changed certain aspects of some national labour laws, this peerless volume will prove indispensable for practitioners and scholars monitoring the growing applicability of human rights law in matters of labour and employment, especially in the areas of protection of wages, unjust dismissal, and occupational safety.

Labour Productivity, Investment in Human Capital and Youth Employment

Roger Blanpain,W. Bromwich
Labour Productivity Investment in Human Capital and Youth Employment Book PDF

Author : Roger Blanpain,W. Bromwich
Publisher : Kluwer Law International B.V.
Page : 264 pages
File Size : 48,8 Mb
Release : 2010-03-08
Category : Law
ISBN : 9789041137340

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Labour Productivity, Investment in Human Capital and Youth Employment by Roger Blanpain,W. Bromwich Pdf

Unemployment levels are on the rise nearly everywhere, and the rate is particularly high among young people. If this trend is not reversed, the potential long-term economic and social damage is incalculable. For this reason a particular urgency attended an international conference on the subject held in March 2009 at the Marco Biagi Foundation in Modena, Italy, in the course of which specialists in labour law, human resources management, labour economics, sociology, education, and statistics met to present and compare research. This issue of the Bulletin of Comparative Labour Relations includes a selection of the papers presented at that conference. Although the selected essays present findings on specific issues in particular countries, the general applicability at the global level is evident. Assessing measures taken to deal with youth unemployment in thirteen countries (Italy, Spain, Russia, Sweden, Bulgaria, Estonia, Hungary, Poland, Israel, Nigeria, the United States, China, and Singapore), twenty-five leading authorities describe and analyse such aspects of the problem as the following: vocational education and training; quality of employment as well as quantity; links between educational institutions and local, national and international enterprises; consultation and co-operation between employers’ associations and trade unions; job security vs. employment security; funding for postgraduate programmes, internships, and on-the-job vocational training; career development for future managers; safeguards for workers in a framework of flexibility; labour market pressure from unskilled immigrant workers; ‘earn-as-you-learn’ schemes; work in the informal economy; and the rationale behind the phasing out of passive labour market measures for school leavers such as unemployment benefits.

The Legal and Institutional Framing of Collective Bargaining in CEE Countries

Ivana Palinkaš
The Legal and Institutional Framing of Collective Bargaining in CEE Countries Book PDF

Author : Ivana Palinkaš
Publisher : Kluwer Law International B.V.
Page : 282 pages
File Size : 55,9 Mb
Release : 2018-04-09
Category : Law
ISBN : 9789041192004

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The Legal and Institutional Framing of Collective Bargaining in CEE Countries by Ivana Palinkaš Pdf

The formerly communist countries of Central and Eastern Europe (CEE) have witnessed a profound transformation of their labour laws since the 1990s and, especially, after their accession to the European Union. Today, in comparison to the other Member States, they continue to have weak trade unions and employers’ associations and an underdeveloped system of collective bargaining. Moreover, the recent economic and financial crisis highlighted the need to invest further efforts in bringing the CEE industrial relations closer to the ‘old’ Member States, in order to facilitate a more meaningful enforcement of the EU-wide economic and social policies. This is the first book to scrutinise this important matter in depth. Focusing on four current CEE labour law regimes – in Slovenia, Slovakia, the Czech Republic, and Poland – that also have different collective bargaining trends and can be said to exemplify some of the main legal and institutional frameworks for collective bargaining that the CEE countries have developed, the author addresses the following major issues: – the transition from a centralised to an open market economy and the degree of continuing residual characteristics; – the extent to which labour laws since the 1990s have enabled an adequate institutionalisation of industrial relations to allow free and voluntary collective bargaining at the national, sectoral, and company levels; and – the effectiveness of the standard-setting role of trade unions and employers’ associations insofar as they have persisted or come into play. The analysis always keeps in focus the development of labour laws in relation to a number of such interlinked elements as market transformation, type of privatisation of state ownership, and attitudes towards welfare. It draws on both the relevant literature and on twenty-five interviews with legal and policy experts from social partners’ organisations and staff within the ministries for social affairs in the selected countries. In support of the study’s general finding that the laws in CEE countries could provide more stimulus for sectoral and cross-sectoral collective bargaining, the author offers deeply informed recommendations and insights into legal shortcomings and pinpoints how the existing legal frameworks can be enhanced. Any professional or academic in the field of industrial relations, and particularly those concerned with complex transitions such as those occurring in the CEE countries and elsewhere in the world, will find this book of great value.

Work-Life Balance in the Modern Workplace

Sarah De Groo
Work Life Balance in the Modern Workplace Book PDF

Author : Sarah De Groo
Publisher : Kluwer Law International B.V.
Page : 424 pages
File Size : 43,5 Mb
Release : 2017-06-23
Category : Law
ISBN : 9789041186485

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Work-Life Balance in the Modern Workplace by Sarah De Groo Pdf

The term ‘work-life balance’ refers to the relationship between paid work in all of its various forms and personal life, which includes family but is not limited to it. In addition, gender permeates every aspect of this relationship. This volume brings together a wide range of perspectives from a number of different disciplines, presenting research ndings and their implications for policy at all levels (national, sectoral, enterprise, workplace). Collectively, the contributors seek to close the gap between research and policy with the intent of building a better work-life balance regime for workers across a variety of personal circumstances, needs, and preferences. Among the issues and topics covered are the following: – differences and similarities between men and women and particularly between mothers and fathers in their work choices; – ‘third shift’ work (work at home at night or during weekends); – effect of the extent to which employers perceive management of this process to be a ‘burden’; – employers’ exploitation of the psychological interconnection between masculinity and breadwinning; – organisational culture that is more available for supervisors than for rank and le workers; – weak enforcement mechanisms and token penalties for non-compliance by employers; – trade unions as the best hope for precarious workers to improve work-life balance; – crowd-work (on-demand performance of tasks by persons selected remotely through online platforms from a large pool of potential and generic workers); – an example of how to use work-life balance insights to evaluate the law; – collective self-scheduling; – employers’ duty to accommodate; and – nancial hardship as a serious threat to work-life balance. As it has been shown clearly that work-life con ict is associated with negative health outcomes, exacerbates gender inequalities, and many other concerns, this unusually rich collection of essays will resonate particularly with concerned lawyers and legal academics who ask what work-life balance literature has to offer and how law should respond.

Employment Policies and Multilevel Governance

Roger Blanpain,Brian Langille
Employment Policies and Multilevel Governance Book PDF

Author : Roger Blanpain,Brian Langille
Publisher : Kluwer Law International B.V.
Page : 300 pages
File Size : 48,8 Mb
Release : 2009-04-29
Category : Law
ISBN : 9789041144713

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Employment Policies and Multilevel Governance by Roger Blanpain,Brian Langille Pdf

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.

Neoliberalism and the Changing Face of Unionism

Efe Can Gürcan,Berk Mete
Neoliberalism and the Changing Face of Unionism Book PDF

Author : Efe Can Gürcan,Berk Mete
Publisher : Springer
Page : 164 pages
File Size : 41,8 Mb
Release : 2017-01-21
Category : Social Science
ISBN : 9783319482842

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Neoliberalism and the Changing Face of Unionism by Efe Can Gürcan,Berk Mete Pdf

This book provides a political, economic, and sociological investigation of how neoliberalism shapes ‘working class capacities,’ or the power of the working class to organize and struggle for its collective interests. Efe Can Gürcan and Berk Mete discuss the global importance of the labor question as it pertains to Turkey. They apply the main theoretical framework of the combined and uneven development of class capacities to Turkish trade unionism. They also address Turkey’s recent history of neoliberalization and its repercussions for class capacities, as mediated by national regulations, conservative unionism, and Islamic social assistance networks. Finally, the authors explore how neoliberalism generates intra-class fragmentation through public regulatory mechanisms and cultural differentiation in the sphere of social unionism.

Social Dialogue and Democracy in the Workplace

Erdem Cam
Social Dialogue and Democracy in the Workplace Book PDF

Author : Erdem Cam
Publisher : Springer
Page : 192 pages
File Size : 46,8 Mb
Release : 2018-07-06
Category : Psychology
ISBN : 9789811084829

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Social Dialogue and Democracy in the Workplace by Erdem Cam Pdf

This book focuses on the experience of social dialogue in Turkey, which is a European Union candidate country. It argues that social dialogue constitutes one of the fundamental pillars of European social model and therefore should be analysed not only at the supranational level but also at the national, sectoral and workplace levels. The book critically examines social dialogue processes and mechanisms in Turkey at various levels, with focus on the workplace because it is shaped by socio-cultural elements which contain many variables. The book also identifies the shortcomings and structural impediments of social dialogue, and provides an empirically grounded theoretical explanation of social dialogue in Turkey. In the process, the book explains and clarifies key concepts to help readers grasp important points relevant to social dialogue, and contains interviews with social partners to take into consideration their views and recommendations on social dialogue. These in-depth interviews also provide a rare insight into the dynamics of social dialogue on the ground. By looking at social dialogue at various levels, the book offers a balanced view of its strengths and weaknesses in Turkey. This book is a valuable tool for students, academics and researchers interested in understanding the complex dynamics of social dialogue and workplace relations in Turkey.

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

Heather Kurzbauer
Employment and Vulnerabilities in the World of Orchestral Musicians Symphonic Metamorphoses Book PDF

Author : Heather Kurzbauer
Publisher : Kluwer Law International B.V.
Page : 392 pages
File Size : 40,5 Mb
Release : 2023-10-25
Category : Law
ISBN : 9789403527475

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Employment and Vulnerabilities in the World of Orchestral Musicians: Symphonic Metamorphoses by Heather Kurzbauer Pdf

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.

EU Law on Maternity and Other Child-Related Leaves

Miguel De la Corte-Rodríguez
EU Law on Maternity and Other Child Related Leaves Book PDF

Author : Miguel De la Corte-Rodríguez
Publisher : Kluwer Law International B.V.
Page : 383 pages
File Size : 50,7 Mb
Release : 2019-09-04
Category : Law
ISBN : 9789403514543

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EU Law on Maternity and Other Child-Related Leaves by Miguel De la Corte-Rodríguez Pdf

Although proven effective in protecting pregnancy, giving birth and breastfeeding – that is, the biological differences of women related to maternity – the current European Union (EU) legislative framework on maternity leave tends to overlook the roles of both parents, especially during the post-delivery period of ‘bonding’ with the child. This framework, along with EU law on parental leave, which does not encourage an equal take-up of the leave, gives rise to serious issues of gender equality affecting both men and women. This deeply researched and urgent book proposes alternative options for future EU law on child-related leave which can be applied to both employees and self-employed workers to mitigate these limitations and side effects. Analysing the various EU Directives which, directly or indirectly, relate to maternity leave, paternity leave, adoption leave and parental leave, as well as the corresponding case law of the Court of Justice of the EU, the author uses a social risk approach and tackles the following issues: narrow focus of the legislation on the delivering mother’s incapacity to work; in practice, excessive emphasis on the protection of the delivering mother; silent assent to the unequal distribution of caring responsibilities within the family; lack of attention to women’s labour market outcomes; and the new direction followed by the recently adopted Directive on work-life balance. The research focuses on working parents (including non-delivering parents in same-sex couples or adoption) and includes a comparative analysis of the law of six countries – Belgium, Ireland, Spain, the United Kingdom, Sweden and Portugal – chosen to illustrate the variety of national schemes available and how their desirable features can be introduced into EU law. A more balanced design of child-related leave is a must in today’s society for reasons of fairness and also for economic considerations. This complete analysis of EU legislation and case law about child-related leave – including the first-ever systematic and in-depth analysis on whether maternity leave can be considered discriminatory against fathers and a review of economic literature on how child-related leave affects the situation of women in the labour market – offers forward-looking solutions for child-related leave to enhance gender equality. Practitioners and nongovernmental organisations dealing with EU and national matters related to labour and employment law, social security law and gender equality law will welcome this important book, as will academics and policymakers interested in maternity and other child-related leaves.

Labour Law and Social Progress

Roger Blanpain,Frank Hendrickx
Labour Law and Social Progress Book PDF

Author : Roger Blanpain,Frank Hendrickx
Publisher : Kluwer Law International B.V.
Page : 346 pages
File Size : 47,7 Mb
Release : 2016-04-22
Category : Law
ISBN : 9789041167484

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Labour Law and Social Progress by Roger Blanpain,Frank Hendrickx Pdf

For forty years the international watchword has been deregulation of labour law and of social security. Now, however, the rise in unemployment and lack of employment security, the dizzying inequality gulf, and the environmental disasters and mass migrations caused by this deregulation are generating an impetus that defines social justice no longer merely in terms of the equitable distribution of resources, but also – and often primarily – in terms of the just recognition of persons. This collection of incisive essays recognizes that the growing interdependence of all of the people of the earth demands that labour rights are understood as an aspect of human rights, and thus envisaged at the international level. Contributions by twenty outstanding labour law scholars from a range of countries worldwide provide in-depth analysis of such aspects of the debate as the following: – collective action in the interests of market effectiveness as well as fair outcomes for workers; - right to strike; - resilience of trade unions and collective bargaining as mechanisms of labour market regulation; - importance of national policy, despite the influence of global market forces, in shaping national outcomes; - work as the locus of the relationship between humans and nature; - search for a legal foundation for corporate social responsibility; - litigation as an alternative to collective bargaining; - the role of collective labour relations for immigrants and disabled people; - lessons that developed countries could learn from mechanisms pioneered in developing countries in coping with conditions of austerity; and - the trap of soft law and of declarations of intent that weigh lightly in the face of the power of the interests at play in international trade. The essays take stock of the dimensions of the current situation and also explore paths leading to a better achievement of social justice in labour law. These essays recognize that economic development and the pursuit of social justice are interwoven in a quest for social progress that includes mechanisms designed to eliminate unjustifiable inequality. For lawyers and other parties committed to the emerging political will to not only respect fundamental rights, but more broadly improve labour and environmental protection, this book opens abundant avenues that can be pursued in practice and in policy. The volume is based on a selection of papers presented at the 21st World Congress of the International Society for Labour and Social Security Law in Cape Town in 2015.