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As the influence of labor unions declines in many industrialized nations, particularly the United States, the influence of workers has decreased. Because of the need for greater involvement of workers in changing production systems, as well as frustration with existing structures of workplace regulation, the search has begun for new ways of providing a voice for workers outside the traditional collective bargaining relationship. Works councils—institutionalized bodies for representative communication between an employer and employees in a single workplace—are rare in the Anglo-American world, but are well-established in other industrialized countries. The contributors to this volume survey the history, structure, and functions of works councils in the Netherlands, Germany, France, Spain, Sweden, Italy, Poland, Canada, and the United States. Special attention is paid to the relations between works councils and unions and collective bargaining, works councils and management, and the role and interest of governments in works councils. On the basis of extensive comparative data from other Western countries, the book demonstrates powerfully that well-designed works councils may be more effective than labor unions at solving management-labor problems.
Investigating the issue of employee representation in multinational companies (MNCs), this book sets out to systematically conceptualise the modes of articulation between different action fields. While previous studies have focused on forms of employee representation that have emerged throughout recent decades, rather little is known about the interaction and coordination of representational bodies and actors, such as trade unions and European or World Works Councils. Given the growing importance of transnational restructuring in MNCs, understanding the conditions under which employees are able to participate in company decision-making is a crucial issue. Based on empirical case studies and interviews with employee representatives from ten countries across Europe, the authors investigate the role of representational bodies in periods of company restructuring. Proposing a shift in perspectives in research on transnational labour relations and bringing new insights into structures and practices of employee representation in MNCs, this book will be a valuable read for both scholars and practitioners.
Comparison of legal aspects, rights and duties of works councils in Western Europe - discusses the role of trade unions and the functions of shop stewards, and gives a very general view of developments in a few selected developing countries, Australia and North America, and includes extracts of existing work rules. References.
This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU’s competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy.
What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.
Transnational collective bargaining (TCB) has become a ‘hot’ topic of European industrial relations. As well as collective bargaining between workers and employers conducted at the sectoral or national level, negotiations on employee rights and working conditions now also take place at the supranational level, within multinational companies. It is a development that poses major challenges for trade unions, as well as for employers and lawmakers. This book takes stock of the particular challenges faced by trade union representatives, works councils and employer organisations; it reviews the existing literature on this topic and examines contrasting views of the prospects for subsequent development of this new practice; it also offers some practical suggestions for policymakers who find themselves having to deal with this new component of the Europeanisation of industrial relations. One of the key questions tackled in the book is whether a regulatory framework for TCB is feasible, necessary and/or useful. Perhaps even more importantly: can we, given the proliferation of instances of TCB, actually manage without such a legal system, and what should be the main elements of such a framework? By providing a better understanding and a critical analysis of the emergence and development of transnational collective bargaining, the authors of this book offer valuable help to trade unionists and practitioners in preparing for – and being prepared for – this next stage in the internationalisation of industrial relations.