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Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Denmark not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Denmark, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
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.
General study of Denmark, with particular reference to work matters and designed as a guide for USA businessmen who may be employing local workers in the country - covers geographical aspects, economic conditions, political aspects, cultural factors, employment policy, labour administration, labour relations, social security, the wage payment system, working conditions, hours of work, etc., and comments on labour legislation. ILO mentioned. Bibliography and statistical tables.
Labour Law Denmark deals with the sources of labour law, individual employment relationships, collective bargaining, remuneration, working conditions and dispute settlement. It provides advocates and administrators, management and labour, and especially students, with an overview of all aspects of Danish labour law, and, To some extent, Of its social, economic and political context.
Labour Law in Denmark covers revisions of the Standard Rules for Handling Industrial Disputes, the amended (2008) Labour Court Act, and other recent Danish legislation, as well as the continuing necessity of implementing European rules by statutory law. As with the previous edition, this book expertly discusses the legally salient facets of contracts of employment, contracts for services, employee categories, remuneration and benefits, and much more. This second edition provides a clear overview of the field, and at the same time offers practical guidance on which sound preliminary decisions may be based. It provides advocates, administrators, management, labor representatives, and students with an overview of all aspects of Danish labor law, and, to some extent, of its social, economic, and political context.
The 3rd edition takes into account the extensive changes made by the Companies Act 2006. This is an indispensable text for law students, covering all the essential areas of company law in a clear and logical format.
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.
A global analysis of the effects of social security reforms on the retirement incentives and labor force trends of older workers. Employment among older men and women has increased dramatically in recent years, reversing a downward trend in the closing decades of the twentieth century. Social Security Programs and Retirement around the World examines how changing retirement incentives have reshaped labor force participation trends among older workers. The chapters feature country-specific analyses for Belgium, Canada, Denmark, France, Germany, Italy, Japan, Netherlands, Spain, Sweden, the United Kingdom, and the United States. They find that while there is significant heterogeneity across countries, the reforms of recent decades have generally reduced the implicit tax on work at older ages. These changes correlate positively with labor force participation. The studies exploit the variation in the timing and extent of reforms of retirement incentives and employ microeconometric methods to investigate whether this correlation reflects a causal relationship. Policy changes appear to have contributed to rising labor force activity, but other factors like the role of women in the labor force, improved health, and changes in private pensions likely also play important roles.
This book addresses the theme of collective bargaining in different legal systems and explores legal framework of collective bargaining as well as the role of different bargaining models in domestic labour law systems in altogether twenty-one jurisdictions throughout the world. Recent development of collective bargaining regimes can be viewed as part of a larger development of labour law models that face increasing challenges caused by globalization and transition of work and workplaces. The book places particular emphasis on identifying and examining most important development trends affecting domestic labour law regimes and collective bargaining and regulatory responses thereto. The analysis offered extents to transnational dimension of collective bargaining. As the chapters analyse the influence of the legal frameworks of collective bargaining in different countries they provide unique comparative insight into the topic which is central to understanding the function of labour law.
This book deals with six EU Member States analysing two areas of substantive law: transfer of undertakings and equality legislation.