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Resolving Individual Labour Disputes by International Labour Office Pdf
This book examines the institutions and mechanisms for settlement of individual labour disputes in various countries. The number of individual disputes arising from day-to-day workers' grievances or complaints continues to grow in many parts of the world. The chapters in this book cover individual labour dispute settlement systems in Australia, Canada, France, Germany, Japan, Spain, Sweden, the United Kingdom and the United States. Each chapter examines and assesses the institutions and mechanisms for settlement of individual labour disputes, including the procedures and powers available, the interaction of these institutions and mechanisms with other labour market institutions (e.g. collective bargaining and labour inspection) and the broader system for resolution of legal disputes (e.g. courts of general jurisdiction, specialist commissions and tribunals).
Author : A. F. M. Brenninkmeijer Publisher : Europa Law Publishing Page : 180 pages File Size : 53,8 Mb Release : 2006 Category : Arbitration, Industrial ISBN : 9076871612
Effective Resolution of Collective Labour Disputes by A. F. M. Brenninkmeijer Pdf
In the early summer of 2005, an international expert meeting was convened in The Hague to share and compare national experiences with conciliation and mediation as methods for resolving collective labor disputes. Both the European Union and the Council of Europe have committed themselves to promoting these methods which aim to assist disputants in finding creative, negotiated solutions, while preserving their long-standing relationships. Ideally, trade unions and employers (associations) have such long-standing relationships, and many European countries have specialized conciliation officers or mediation services operating in this area. The meeting allowed leading mediators and academics to share their experiences and to exchange their views on the changes permeating Europe today: the rise of transnational labor disputes, the decentralization of collective bargaining, the process of de-unification, the joining of the EU by new member states without a social dialogue tradition, and the insights generated by the emerging science of principled bargaining, facilitative mediation, and conflict management. All these developments are likely to increase the demand for expert mediation services assisting more often less experienced negotiators. Thereby, the very nature of mediation may gradually change. This book documents the proceedings and provides a comprehensive overview of EU initiatives in the field of collective labor law and dispute resolution.
With the passing of the Labour Relations Act No. 66 of 1995, the face of South African labour law was fundamentally changed. This book is a practical guide to aid employees, employers, trade unions and employer organisations (and their representatives) through various processes used to resolve disputes. The book is neither academic nor legal, but rather informs the reader as to the labour dispute processes and how to prepare and participate in those processes. Labour Dispute Resolution gives overviews of new dispute resolution systems and their institutions. It guides readers through the procedures and institutions to which they should refer disputes.
Labour Dispute Resolution in Turkey by Tankut Centel Pdf
The book provides a comprehensive overview of recent developments in Turkey’s labour dispute resolution system, and helps compare the Turkish system especially with those in European countries. Turkey passed a new Labour Courts Act in 2017, which changed Turkish labour law practice by introducing mandatory mediation for all labour disputes. The main objective behind this measure was to ensure that labour disputes are resolved more quickly and less expensively. The book was written specifically for lawyers around the globe who have to deal with Turkish law, especially those who are seeking to become specialists in dispute resolution law. In addition, it provides stimulating reading for laypersons who wish to learn what 'mediation and arbitration law are all about' in Turkey. Above all, it was prepared with a view to providing foreign investors and companies in Turkey with basic information on Turkish labour legislation.
Mediation in Collective Labor Conflicts by Martin C. Euwema,Francisco J. Medina,Ana Belén García,Erica Romero Pender Pdf
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.
Системи за уреждане на трудови спорове by Anonim Pdf
Notes that many countries have put in place dispute prevention and resolution systems, both inside and outside their ministries of labour, with different organizational structures and roles. Demonstrates that the International Labour Organization has been assisting member States, as well as worker's and employer's organizations, to set up, or strengthen, such systems. Proposes to strengthen the prevention and resolution of labour disputes by providing advice to both ILO constituents and industrial relations practitioners interested in dispute resolution. Provides advice on the steps to be taken to either revitalize an existing system, or establish an independent institution, ensuring that they operate efficiently and provide effective dispute resolution services. Includes an outline of what needs to be done if a country seeks to reorganize and restructure its entire labour dispute management system by the creation of an independent body or commission. Concerned with both dispute prevention and dispute resolution, presents the prevention of disputes through conflict management in the workplace as an important component of a sound industrial relations system, while the maturity of an industrial relations system is closely related to the capacity of employers and employees and their organizations, without State intervention, to resolve their disputes through information sharing, dialogue, consultation, negotiation, and bargaining. Mentions the ILO's Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Right to Organise and Collective Bargaining Convention, 1949 (No. 98), Worker's Representatives Convention, 1971 (No. 135), Labour Administration Convention, 1958 (No. 150), Labour Relations (Public Service Convention), 1978 (No. 151), Collective Bargaining Convention, 1981 (No. 154), and Termination of Employment Convention, 1982 (No. 158). Mentions also various ILO's Recommendations : Voluntary Conciliation and Arbitration Recommendation, 1951 (No. 92), Co-operation at the Level of the Undertaking Recommendation, 1952 (No. 94), Consultation (Industrial and National Levels) Recommendation, 1960 (No. 113), Communications within the Undertaking Recommendation, 1967 (No. 129), Examination of Grievances Recommendation, 1967 (No. 130), Labour Administration Recommendation, 1978 (No. 158), Labour Relations (Public Service) Recommendation, 1978 (No. 159), and Collective Bargaining Recommendation, 1981 (No. 163).
Labour Disputes and their Resolution in China by Jie Shen Pdf
The scale, nature and causes of labour disputes in China are identified and discussed in this comprehensive review as well as how they can be managed. The labour disputes resolution mechanisms discussed in this book include, trade union, collective labour contract, tripartite coordination and labour court. This book presents an updated literature review and reports the findings of two empirical projects on this subject. The effectiveness of these mechanisms and the appropriate resolution model for the future are both discussed. Systematic and critical review of the up-to-date literature on labour disputes and their management Empirical findings on labour disputes and the institutional channels available to workers for resolving them Assessment of the effectiveness of the existing mechanisms for dealing with labour disputes
David Lewin,Paul J. Gollan,David B. Lipsky,Ariel C. Avgar,J. Ryan Lamare
Author : David Lewin,Paul J. Gollan,David B. Lipsky,Ariel C. Avgar,J. Ryan Lamare Publisher : Emerald Group Publishing Page : 280 pages File Size : 47,8 Mb Release : 2016-07-26 Category : Business & Economics ISBN : 9781786350596
Managing and Resolving Workplace Conflict by David Lewin,Paul J. Gollan,David B. Lipsky,Ariel C. Avgar,J. Ryan Lamare Pdf
Volume 22 of Advances in Industrial and Labor Relations focuses on new approaches to managing resolving workplace disputes and alternative dispute resolution (ADR) from both theoretical and empirical perspectives and includes contributions from leading international scholars, including J. Ryan Lamare, William K Roche and Paul L. Latreille.
Regulating Strikes in Essential Services by Moti (Mordehai) Mironi,Monika Schlachter Pdf
Designing a fair, effective and acceptable regime that will reconcile public interest and the public’s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed comparative analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it can be of great value for public policy debate and the enhancement of national law in the field. The editors have assembled experts from fourteen countries who describe and analyse their respective country’s experience with strikes in essential services and the legislative and judicial as well as informal approaches towards regulating and intervening in such strikes. Departing from legal theory with systematic comparative ‘law in action’ research, the contributors offer innumerable valuable insights into a broad array of issues and topics as the following: – mechanisms aiming at compensating employees for encroaching on their collective bargaining rights; – public accountability and responsible management of public finance; – role of international conventions; – effects of globalization and advances in technology; – privatization, outsourcing and the decline of unions and workers’ solidarity; – growing popular intolerance towards strikes in essential services; – effect of human rights-related court decisions; – convergence and divergence among contemporary legal regimes in defining and approaching strikes in essential services; – dispute process design and dispute resolution processes (mediation, conciliation and arbitration); and – substantive and procedural restrictions on the right to organize, bargain collectively and strike. The country reports are preceded by a detailed analysis of the inherent normative policy dilemma and a conceptual framework for designing and evaluating models of regulation. The concluding chapter presents a comparative overview of the insights gained. With its comparative perspective on one of the most sensitive areas of industrial relations and labour law, and its contextually relevant options for strategic choice and public policy debate, this incomparable volume will be welcomed by labour lawyers, legislators, policy makers, judicial bodies and researchers in the field of collective labour relations and fundamental human rights of workers on the national as well as international level.
Labor Disputes and Their Settlement by Kurt Braun Pdf
Monograph on dispute settlement of labour disputes in the USA, with particular reference to conciliation, arbitration and the role of labour courts - surveys the pros and cons of each stettlement method under various circumstances, and covers the structure, jurisdiction and procedures of various types of national level and local level arbitration systems. References.
Collective Bargaining in the Workplace by M.S. Anstey,Tembeka Ngcukaitobi Pdf
Negotiation has an exceptional application for South Africans. Not only would a relatively peaceful political settlement not have been possible without the negotiation process, but the subsequent labour negotiations piloted some of the most creative and relevant labour legislation of the young democracy. Management and labour grew in the process together, and now witness some of the most ingenious collective agreements and dispute resolutions in South African workplaces. Advancements in these subsequent agreements will pave the way for South Africa to become a more distinguished, economically competitive country. This book written by some of South Africa's leading labour negotiators and alternative dispute-resolution experts, offers the first comprehensive and inclusive guide for aspirant and experienced labour practitioners alike on the topics of understanding conflict in the South African workplace, alternative dispute-handling process, negotiations and collective bargaining.
