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This book offers a comparative insight into the labour law systems of Germany and Canada, two countries with different legal traditions and approaches. It examines how in Germany a highly centralised system with clear legal requirements offers employees extensive rights and protections, while Canada has a decentralised, more flexible structure of labour law due to its federal structure. Particular emphasis is placed on the federal principle in Canada, where the provinces and territories set their own labour law standards. This decentralisation leads to considerable differences in regulations on minimum wages, working hours, protection against dismissal and holiday entitlements - depending on the region in question. The book shows the consequences of this diversity and highlights the advantages, such as adaptability to regional needs, but also the challenges associated with this legal fragmentation, such as the difficulty of enforcing the law and the mobility of workers. The detailed comparison shows how strongly employee rights in Germany are protected by statutory regulations and collective co-determination, while in Canada greater flexibility for employers and a stronger role for individual employment contracts dominate. This work is aimed at those affected and anyone wishing to gain a sound understanding of the differences and similarities between these two systems - and how these differences influence the dynamics of labour markets, the relationship between employers and employees and social security in both countries.
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.
Employee surveys represent an established tool for many executives and HR professionals alike. However, there is often a lack of orientation when it comes to interpreting the results. What does a certain result mean? The same number can be excellent, good, aver-age, bad or even alarming. This is where this book comes in. It offers background information on all es-sential dimensions of a survey and provides concrete advice on interpretation. This makes it a valuable aid for all those who have to work practically with em-ployee survey results.
Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to delimit the field. This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Csilla Kollonay Lehoczky, Brian Langille, Enriqué Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.
Trade Unions and Democracy explores the role of trade unions as products of, and agents for, democracy. As civil society agents, unions may promote democracy within the wider society, especially in the case of authoritarian regimes or other rigid political systems, by acting as watchdogs and protecting hard-won democratic gains.Established democratic institutions in many advanced societies are facing new challenges. The problem with using trade unions for this purpose is that they remain locked in a cycle of political marginalization and decline. Beyond this, there are, ironically, serious questions about whether unions themselves internally function as democracies. Certainly there are tensions between rank and file membership and an authoritarian leadership, with this infighting having possible effects on strategic deals or alliances and member accountability and actions. On the other hand, trade unions continue to represent a significant component of society within most industrialized countries, and in many case, they have a demonstrated capacity for working with other elements of civil society. Looking forward, trade unions may be able to play a vital role in channeling and focusing spontaneous popular upsurges. In the process, they may revitalize themselves through use of greater internal democracy and become geared toward more diverse constituencies. The question is, will they fulfill this promise or continue to suffer from internal breakups and external breakdowns? Can trade unions save themselves and democracy, or will both deteriorate in time?Trade Unions and Democracy brings together a distinguished panel of leading and emerging scholars in the field and provides a critical assessment of the current role of trade unions in society. It explores their capacity to affect political policies to ensure greater accountability and fairness. It also explores the nature of and extent to which internal representative democracy actually operates within trade unions themselves.Mark Harcourt is a professor in the Department of Strategic Management and Leadership at Waikato University in New Zealand.
Fifteen in a series of annual reports comparing business regulation in 190 economies, Doing Business 2018 measures aspects of regulation affecting 10 areas of everyday business activity: • Starting a business • Dealing with construction permits • Getting electricity • Registering property • Getting credit • Protecting minority investors • Paying taxes • Trading across borders • Enforcing contracts • Resolving insolvency These areas are included in the distance to frontier score and ease of doing business ranking. Doing Business also measures features of labor market regulation, which is not included in these two measures. The report updates all indicators as of June 1, 2017, ranks economies on their overall “ease of doing business†?, and analyzes reforms to business regulation †“ identifying which economies are strengthening their business environment the most. Doing Business illustrates how reforms in business regulations are being used to analyze economic outcomes for domestic entrepreneurs and for the wider economy. It is a flagship product produced in partnership by the World Bank Group that garners worldwide attention on regulatory barriers to entrepreneurship. More than 137 economies have used the Doing Business indicators to shape reform agendas and monitor improvements on the ground. In addition, the Doing Business data has generated over 2,182 articles in peer-reviewed academic journals since its inception. Data Notes; Distance to Frontier and Ease of Doing Business Ranking; and Summaries of Doing Business Reforms in 2016/17 can be downloaded separately from the Doing Business website.
This publication gives an overview of all key aspects of German labour and employment law as well as adjoining fields. Legal professionals with expert knowledge and many years of experience explain the legal basis of these aspects of German law, point out typical practical problems and suggest solutions to those problems. In addition, examples are given on how to best manage legal pitfalls to minimize risks. This book translates employment and labour law for foreign in-house counsels and human resources managers at international companies and provides a clear understanding of the complex legal regulations in Germany. All three editors of the book, Dr. Jens Kirchner, Pascal R. Kremp and Michael Magotsch, are key legal professionals working at the Frankfurt office of DLA Piper, one of the largest legal services providers in the world (www.dlapiper.com), with national and multinational clients. Their experience includes the management of cross-border restructurings, outsourcing and transfer of undertaking measures, as well as the management of national and multi-jurisdictional merger and acquisitions projects, including post-merger integration processes.
International law and most national legal systems recognize the right to strike as a fundamental human right. However, the most common qualification for a strike is that the action must first be approved by ballot. These types of requirements are often said to be necessary to protect the democratic rights of the workers - the so-called democratic imperative. But is that truly their aim? This book draws on detailed empirical study of the Australian legislative provisions for pre-strike ballots; a comparative analysis of law and practice in a range of countries including Canada, South Africa, the United States, and the United Kingdom; and the approaches of the supervisory bodies of the International Labour Organisation to evaluate the true purpose and effect of the ballot requirement. While in some cases the ballot requirement provided additional bargaining leverage for unions, overall, the study showed that the principle purpose of ballot requirements is to curtail strikes rather than vindicate the democratic imperative it claims to support. Exploring collective bargaining and union democracy, this is an essential title for those involved in or studying labour law. This book also demonstrates the fundamental shortcomings of ballot regimes, and provides and accessible exploration of the operation of said regimes, which makes this a helpful tool for unionists to understand their rights as workers. It also considers significant policy questions in the field and is relevant in the respect of the international labour law regime.
This book presents a comparative analysis of cross-border mergers and acquisitions (CBMA) in terms of competitive framework and procedures between India and the United States of America. It discusses themes like statutes, regulations, rulings, legislations and analysis of CBMA; competition law, antitrust, and demerger; new legal initiatives by India like New Economic Policy (NEP), Goods and Services Tax (GST), demonetisation and amendments in the Foreign Exchange Management Act (FEMA); and the impact of COVID on CBMA, to showcase the challenges and opportunities of specific CBMA experience in India in a global framework. This book will be an essential read for scholars and researchers of law, corporate law, company law, international company law, corporate governance, international relations, public policy, international trade law, economics, and for practitioners, policymakers and consultants working on the subject.