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This, the second volume on labour flexibility, deals with how it can be reconciled with social cohesion. Following the Council of Europe's Forum 2005: Reconciling labour flexibility with social cohesion, it aims to present ideas useful for political action for integration with the European social model. It is divided into three parts. The first looks at the framework of reconciliation and describes the complexity of uncertainty and changes in the structure of labour markets. The second part is entitled the space for reconciliation and covers mobility, social protection, the quality of transitions and the quality of family life. The final part covers the methodology of reconciliation, including the model proposed by the Council of Europe.
The relationship between the national and international has been central in the debate on the impact of globalisation on national patterns of employment relations. While some industrial relations researchers in recent years have put forward evidence not of convergence, but rather of continuing national diversity in employment relations, others see a complex power-sharing interplay emerging for which Europe is the laboratory. This ground-breaking book asks: Do EU or European industrial relations exist? What characterises EU industrial relations and their development? What are the differences between EU industrial relations and national industrial relations? Twelve outstanding authorities from seven countries discuss the theme from a variety of perspectives. Originally presented at an international and interdisciplinary research workshop held at the Faculty of Law at Lund University in November 2007, the essays probe a range of highly topical and important legal and industrial relations issues and developments, including the implications of the epochal and much-debated Laval and Viking cases from the European Court of Justice. The focus is on the EU dimension of industrial relations, common to the Member States, and not on comparative European industrial relations. The authors raise and discuss such crucial issues as the following: the power relationship and interactions between the social partners within the framework of the social dialogue; growing problems of posting of workers, low wage competition, and ‘social dumping’; approaches to creating an EU legal framework for transnational collective agreements; the right to take industrial action in order to achieve collective agreements; the fundamental asymmetry between the scope of action of players in companies and territories affected by restructurings; information, consultation and worker participation; potential benefits of increased tripartite co-operation between the social partners and governments; compatibility of the Swedish or Nordic system with the four freedoms and its eligibility as a European model; and issues of private international law arising from collective actions with transnational implications. An appendix includes relevant EC legislation and the ECJ opinions in Laval and Viking. EU Industrial Relations vs National Industrial Relations explores an emerging and still inchoate realm of law that is heavily fraught with implications for the near future of social relations, not only in Europe but worldwide. Labour lawyers and policymakers will greatly appreciate its precise stocktaking, its insightful analysis, and its well-informed recommendations on how to proceed in the realm of practical law.
This work presents a stimulating analysis of restructuring by developing a European perspective. The book provides a clear analysis of the capacity of the actors, through different models of industrial relations and corporate governance, to intervene in the process of restructuring.
Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.
This collection of essays offers a survey of restructuring processes in Europe and their outcomes. . . Given the likelihood of increased dislocation in labor markets, the book is a timely contribution. Recommended. R.L. Hogler, Choice This detailed, comprehensive study on downsizing in Europe is underpinned by cross-national, interdisciplinary empirical research on restructuring management in five European countries: Belgium, France, Germany, Sweden, and the United Kingdom. It contains systematic national comparative overviews, and transversal analyses of more than 30 in-depth case studies, taking into account a broad range of perspectives across professional human resources managers, unions representatives, local and national civil servants, social workers and physicians. The authors examine strategic choices and practices in national and local contexts, showing that the practice of restructuring is not as heterogeneous as many previous studies have indicated or predicted. Systematic policy proposals for better economic and social management of restructuring are also prescribed. This team of well-known economists and social scientists have prepared a book that will appeal to consultants and human resource managers and employees, especially in transnational firms, as well as to students in industrial relations, in labour economics, and in sociology. It will also be of special interest to members of the European Commission and policymakers involved in employment and social affairs.
Since 1945, socially moderated market economies have formed the cornerstone of the European socioeconomic model. Now, however due to powerful global economic, political and demographic tendencies tensions between social and economic interests and values are increasing. These developments create an urgent need for answers, actions and measures on the European level. This wide-ranging but focused collection of essays approaches this important trend from multiple perspectives. Compiled in honour of the major European labour law scholar Teun Jaspers, it encompasses a broad spectrum of analyses and insights by forty-one distinguished contributors from seven countries. Four major tensions are identified: between the European and national level, between fundamental rights and economic freedoms, between workers and employers, and between soft and hard law instruments. Throughout, a comparative approach is emphasized, not only within the EU but also between the EU and China and South Africa. Among the many topics covered are the following: relocation of labour to low-wage countries both within and outside the EU; conditions for tempering the excesses of the free labour market; the legal weight of voluntary standards such as codes of conduct; extending the scope of application of corporate social responsibility norms to transnational enterprises; pressure on national social law due to flexibilization, deregulation and individualization; contract termination protection; employability and training of employees; fixed-term work in the wake of the Mangold ruling; adjustment of working conditions for ill and disabled workers; right to strike; and restructuring of enterprises. In light of the Lisbon strategy, the authors address how the various tensions should be reconciled, especially in the context of the flexicurity approach. The book will be of great interest to academics and practitioners for its clear categorization of the issues which must be overcome when regulating employment and social policy in the context of todayand’s EU multilevel legal order. It pays detailed attention to the legal questions raised by emerging European labour and employment policies in respect of their specific materialization, the opportunities they offer, their feasibility, and the threats they pose to traditional workerand’s protection and, more generally, to traditional concepts of labour law.
This timely book casts new light on the key issues arising from the contentious debate around the future of the European Social Model. Marie-Ange Moreau brings together leading experts to provide a thorough and well-informed response to the recent developments in European social and labour law and policy, in the light of institutional changes. The contributing authors provide unique insights as they evaluate the impact of the enlargement processes, the implications of the Lisbon Treaty, the integration of the Charter into EU law and, crucially, the evaluation of the European evolutions in the context of the economic crisis. Before and After the Economic Crisis will appeal to academics, researchers and graduate students working on European labour law, industry relations, social policy and gender issues and related topics in economics and political sciences.
Drawing on the movements of corporate social responsibility, socially responsible investing and sustainable development, this title examines the making of financial reality towards social responsibility and sustainability, and offers an understanding of finance as a collective construct and endeavour embedded in societal context.
This collection of papers examines key trends in the internationalisation of employment, drawing on the proceedings of an ILO conference held in Annecy, France in April 2005. The papers focus on three related issues: the impacts of trade and investment abroad, including the offshoring of production of goods and services, and effects on the winners and losers in terms of employment; adjustment methods for coping with the short and medium term problems related to the globalisation of employment; and the importance of international instruments to help ensure a level playing field in trade and promote development, drawing on established rights and international labour standards.