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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.
Russias transition towards a market economy in the early 1990s called for new approaches to the regulation of employment relations in the post-Soviet period in order to strike a balance between employers interests and employees rights in changed conditions. The adoption of the Labour Code of the Russian Federation (LC RF) in 2001 contributed to solving the issue only partly, as, in reality, it was passed as a compromise between different political forces, and consists of both provisions which can be implemented in the new context of the market economy and restrictions inherited from the planned economy. The recent and ever-changing socio-economic conditions, and the increasing complexity of the employer-employee relationship, which is a result of both globalization and technological progress, required the further development of Russian employment legislation. This resulted in substantial amendments being made to the original LC RF in 2006, with the majority of its provisions being profoundly revised. Nevertheless, a thorough analysis of the changes currently under way shows that many aspects concerning employment relations have still not been addressed sufficiently. The papers collected in the present volume of the ADAPT Labour Studies Book Series consider the recent developments of the legal regulation of employment relations as well as some closely related aspects from a historical and comparative perspective, in order to provide some insights into these issues and to examine current challenges.
The first English-language account of the changing role of children in the Russian workforce, from the onset of industrialization until the Communist Revolution of 1917, and an examination of the laws that would establish children's labor rights.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Russia 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 Russia, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
How do immigration and refugee laws work 'in action' in Russia? This book offers a complex, empirical and nuanced understanding.
Investigating Human Resource Management issues in Russia, this volume looks at the current state of Human Resource practice within Russian enterprises; its various problems and possible solutions. Following a detailed introduction into the current economic developments taking place in Russia, the book examines the new role of the HR department in Russian enterprises, and the influence of national politics on HR practice. The book also discusses key HRM issues such as recruitment and selection, training and development, payment and compensation, before surveying the various HR problems encountered by multinational companies working in Russia.
The Employment Law Review, edited by Erika C Collins of Proskauer Rose LLP, serves as a tool to help legal practitioners and human resources professionals identify issues that present challenges to their clients and companies. As well as in-depth examinations of employment law in 48 jurisdictions, the book provides further general interest chapters covering the variety of employment-related issues that arise during cross-border merger and acquisition transactions, aiding practitioners and human resources professionals who conduct due diligence and provide other employment-related support in connection with cross-border corporate M&A deals. Other chapters deal with global diversity and inclusion initiatives across the globe, social media and mobile device management policies, and the interplay between religion and employment law. Contributors include: Els de Wind, Van Doorne; Annie Elfassi, Loyens Loeff. "e;Excellent publication, very helpful in my day to day work."e; - Mr Frederic Thoral, Head of HR, BNP Paribas"e;Excellent coverage and detail on each country is brilliant."e; - Mr Raani Costelloe, General manager of Legal and Business Affairs, Sony music Entertainment, Australia"e;An excellent resource for in-house counsel for a company with an international footprint."e; - Mr John R Pendergast, Senior Counsel, BASF Corporation, USA"e;It's invaluable to any lawyer dealing with cross-border and privacy-related employment issues and is a cornerstone to my own legal research"e; - Oran Kiazim, Vice President, Global Privacy, SterlingBackcheck, UK
Many commentators expected the Russian trade unions to collapse along with the system of which they were an integral part, but the trade unions survived the storms of the Yeltsin era by adopting a strategy of 'social partnership'. This book, based on case-study and survey research in eight Russian regions, provides a detailed account of the development of trade unionism in Russia since the collapse of the soviet system. Against the background of the role of the trade unions in the soviet system, the book reviews the political role, structure and functions of the trade unions, development of social partnership at federal and regional levels, and provides a detailed account of the activity of the trade unions at the level of enterprise. The book concludes with a critical assessment of the Russian unions' strategy of 'social partnership' and locates it in comparative perspective.
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.
For the first time, this book provides the global history of labor in Central Eurasia, Russia, Europe, and the Indian Ocean between the sixteenth and the twentieth centuries. It contests common views on free and unfree labor, and compares the latter to many Western countries where wage conditions resembled those of domestic servants. This gave rise to extreme forms of dependency in the colonies, not only under slavery, but also afterwards in form of indentured labor in the Indian Ocean and obligatory labor in Africa. Stanziani shows that unfree labor and forms of economic coercion were perfectly compatible with market development and capitalism, proven by the consistent economic growth that took place all over Eurasia between the seventeenth and the nineteenth centuries. This growth was labor intensive: commercial expansion, transformations in agriculture, and the first industrial revolution required more labor, not less. Finally, Stanziani demonstrates that this world did not collapse after the French Revolution or the British industrial revolution, as is commonly assumed, but instead between 1870 and 1914, with the second industrial revolution and the rise of the welfare state.