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Labour 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.
Studies 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.
Now in its third edition, this text explains the labour and industrial laws such as the Industrial Disputes Act, the Factories Act, and the Contract Labour Act. While giving a broad perspective of the subject, the text brings out the objectives behind the enactment of each piece of legislation, and discusses the relevant case laws, and shows how the Constitution is related to labour laws.
"This book was originally published as a monograph in the International encyclopaedia of laws/Labour law and industrial relations."
This book provides a comprehensive analysis of the new methods of transnational labour regulation that are emerging in response to globalisation.
Aust Labour & Employment Law
The sixth revised edition of Industrial Relations and Labour Laws captures the significant developments that have taken place in the realm of labour laws and industrial relations in the recent past. The most notable development in the legislative sphere is the amendment in the Industrial Disputes Act, 1947 in 2010. In the judicial sphere, there has been a marked shift in the approach of the Indian judiciary in the area of discipline and disciplinary procedure. Moreover, new norms/principles have been evolved to determine the classification of a person as a workman, provide relief in case of illegal/wrongful termination of service of workmen, determine notice period for strike/lock-out in public utility services and for regularization of services of daily, temporary, casual or contract workers. Extensively revised and updated in line with the changes in the law, this edition also gives a new and more holistic dimension to the subject of labour--management relations. • Part I provides the contextual and constitutional framework of labour law and an overview of industrial relations. • Part II deals with the trade union movement, employers’ organizations and laws relating to trade unions, collective bargaining, unfair labour practices and victimization. • Part III deals with regulation of industrial disputes, persuasive, coercive and voluntary processes for settlement of industrial disputes, grievance procedure, government’s power of reference, laws relating to instruments of economic coercion, management of discipline, laws relating to change in conditions of service and lay-off, retrenchment, transfer and closure. • Part IV examines laws relating to standing orders. • Part V is on workers’ participation in management. This edition will serve as a comprehensive textbook for students of LLB, LLM, MBA, MSW, MPA, CS, and masters and diploma programmes in personnel management, industrial relations and labour law. It is indispensable for personnel managers, law officers, lawyers, trade union officials/ members, officials of labour department and members of the labour judiciary.
Deakin and Morris' Labour Law, a work cited as authoritative in the higher appellate courts of several jurisdictions, provides a comprehensive analysis of current British labour law which explains the role of different legal and extra-legal sources in its evolution, including collective bargaining, international labour standards, and human rights. The new edition, while following the broad pattern of previous ones, highlights important new developments in the content of the law, and in its wider social, economic and policy context. Thus the consequences of Brexit are considered along with the emerging effects of the Covid-19 crisis, the increasing digitisation of work, and the implications for policy of debates over the role of the law in constituting and regulating the labour market. The book examines in detail the law governing individual employment relations, with chapters covering the definition of the employment relationship; the sources and regulation of terms and conditions of employment; discipline and termination of employment; and equality of treatment. This is followed by an analysis of the elements of collective labour law, including the forms of collective organisation, freedom of association, employee representation, internal trade union government, and the law relating to industrial action. The seventh edition of Deakin and Morris' Labour Law is an essential text for students of law and of disciplines related to management and industrial relations, for barristers and solicitors working in the field of labour law, and for all those with a serious interest in the subject.