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Comparativism is no longer a purely academic exercise but has in creasingly become an urgent necessity for industrial relations and legal practitioners due to the growth of multinational enterprises and the impact of international and regional organisations aspiring to harmonise rules. The growing need for comprehensive, up-to-date and readily available information on labour law and industrial relations in different countries led to the publication of the International Encyclo paedia for Labour Law and Industrial Relations, in which more than 40 international and national monographs have thus far been published. This book on Comparative Labour Law and Industrial Relations goes a step further than the Encyclopaedia: some 15 of the 21 chapters pro vide comparative and integrated thematic treatment. They aim to describe the salient characteristics and trends in labour law and in dustrial relations in the contemporary world. Our work is, however, more than a set of papers written by individual authors. Twelve of the nineteen contributors, the associate editor, and the publisher were able to meet to discuss the chapters, carefully evaluating, reviewing and co-ordinating our collaborative efforts. The meeting was exceptionally informative and productive. It was sponsored by and took place at Insead (Fontainebleau) with the additional support of the Catholic University of Leuven and Kluwer Publishers. I thank them for their courtesy and assistance. The book is obviously not exhaustive so far as countries and topics are concerned.
This collection draws together contributions from leading Australian and international labour law scholars, based on papers delivered at a conference to mark the 21st birthday of the Centre for Employment and Labour Relations Law at the University of Melbourne. Collectively, the contributions provide an account and exploration of labour law scholarship's evolution over the last two decades, and its future trajectory. They explore a number of enduring and emerging themes in labour law, including:The Foundations of Labour Law ScholarshipFrom Labour Law to Labour Market RegulationLabour Law, Equality and Human RightsEffectiveness and Enforcement in Labour LawSidestepping the Law Through Legal StructuresInternational and Comparative Labour Law PerspectivesThe Future of Work and Labour LawThe book offers conclusions about the progress that labour law scholarship has made in facing fundamental changes in the organisation of capital, work and labour markets, as well as suggesting ideas for how labour law might continue to evolve to meet new challenges.
Actors in the world of work are facing an increasing number of challenges, including automatization and digitalization, new types of jobs and more diverse forms of employment. This timely book examines employer and worker responses, challenges and opportunities for social dialogue, and the role of social partners in the governance of the world of work.
This open access book explores the role of the ILO (International Labour Organization) in building global social governance from multiple and mutually complementary perspectives. It explores the impact of this UN ́s oldest agency, founded in 1919, on the transforming world of work in a global setting, providing insights into the unique history and functions of the ILO as an organization and the evolution of workers’ rights through international labour standards stemming from its regulatory mechanism. The book examines the persistent dilemma of balancing the benefits of globalization with the protection of workers. It critically assesses the challenges that emerge when international labour standards are implemented and enforced in highly diverse regulatory frameworks in international, regional, national and local contexts. The book also identifies feasible ways to achieve more inclusive labour protection, putting into perspective the tension between the economic and the social in the ILO’s second century of operation. It includes reflections on the work of the ILO World Commission on the Social Dimension of Globalisation by Tarja Halonen, who as President of Finland co-chaired the Commission with Benjamin William Mkapa, President of Tanzania. Written by distinguished experts and scholars in the fields of international labour law and international law, the book provides an insightful and in-depth analysis of the role of the ILO as an international organization devoted to decent work and social justice. It also sheds light on tripartism and its particular role in the work of the ILO, examining the challenges that a profoundly changing working life presents in terms of labour protection and social justice, and examining the transnational dimension of labour law. Lastly, the book includes a postscript by Nobel economics laureate Professor Joseph E. Stiglitz.
This edited collection is a global history of workers’ organisations since 1919, the year when the International Labour Organisation (ILO), the Comintern and the International Federation of Trade Unions were formed. This historical moment represents a caesura in labour history as it epitomises the beginning of what the editors and the contributors in this book call the internationalisation of the labour question. The case studies in this centenary volume analyse the relationship between global workers’ organisations and the new ideological confrontation between liberal capitalism, socialism and communism since the Bolshevik Revolution in Russia. Workers’ organisations, trade unions in particular, grew in importance and managed to organise internationally, forming alliances cemented by ideology and sustained by international institutional bodies or centrals. In the nascent capitalist versus communist struggle, trade unions thrived. Is it mere coincidence that today’s decline of unionism coincides with the end of ideological antagonism? This book emphasises important global labour issues such as gender as well as international workers’ histories from Latin America, Asia and Africa.
In this empirical study, Saskia Sassen offers a fresh understanding of the processes of international migration. Focusing on immigration into the US from 1960 to 1985 and the part played by American economic activities abroad, as well as foreign investment in the US, she examines the various ways in which the internationalization of production contributes to the formation and direction of labor migration.
Analyses the dynamics of the capital-labour bargaining process in the context of the changing nature of the state and market as a result of the adoption of policies of liberalisation and globalisation in India. The analytical point of departure is the nature of collective bargaining in the organised sector of West Bengal since economic liberalisation.
Nearly half of trade agreements concluded in the past five years included either a labor chapter or labor provision that makes reference to international labor standards and ILO instruments. The evidence so far suggests that labor provisions have been an important tool for raising awareness and improving laws and legislations with respect to workers' rights, increasing stakeholder involvement in negotiation and implementation phases, and developing domestic institutions to better monitor and enforce labor standards. But challenges remain, particularly with respect to sustainability of impacts, coherence, and cooperative efforts. This new report, part of the Studies on Growth with Equity series, gives a full examination of the scope and effectiveness of these labor provisions.
Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.