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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 analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.
This book provides a comprehensive analysis of the new methods of transnational labour regulation that are emerging in response to globalisation.
This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
Written by prominent UK labour lawyers, this textbook is comprehensive and engaging, with detailed commentary and integrated materials.
The gig economy, precarious work, and nonstandard employment have forced labor law scholars to rethink their discipline. Classical remedies for unequal power, capabilities approaches, "third way" market regulation, and laissez-faire all now vie for attention - at least in English. Despite a deep history of labor activism, Latin American scholarship has had scant presence in these debates. This book introduces to an English-language audience another approach: principled labor law, based on Latin American perspectives, using a jurisprudential method focused on worker protection. The authors apply this methodology to the least likely case of labor-protective jurisprudence in the industrialized world: the United States. In doing so, Gamonal and Rosado focus on the Thirteenth Amendment as a labor-protective constitutional provision, the National Labor Relations Act, and the Fair Labor Standards Act. This book shows how principled labor law can provide a clear and simple method for consistent, labor-protective jurisprudence in the United States and beyond.
How are national and international labour laws responding to the challenge of globalization as it re-shapes the workplaces of the world? This collection of essays by leading legal scholars and lawyers from Europe and the Americas was first published in 2006. It addresses the implications of globalization for the legal regulation of the workplace. It examines the role of international labour standards and the contribution of the International Labour Organization, and assesses the success of the European experiment with continental employment standards. It explores the prospects for hemispheric co-operation on labour standards in the Americas, and deals with the impact of international labour standards on the rights of women and migrant workers. As the nature and organization of work around the world is being decisively transformed, new regional and international institutions are emerging that may provide the platform for new labour standards, and for protecting existing ones.
The book deals with the phenomenon of platform work and contains national reports (Belgium, France, Germany, Italy, the Netherlands, Spain and the United Kingdom), other more transversal reports dealing with the issue of fundamental (collective) workers' rights, as well as the applicable European legal framework. The idea of the book is to underline differences and similarities between the Member States' Systems and the UK System and to understand if there is a common ground of rights and protections for platform workers in the EU.