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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.
Every business needs to be aware of the complexities of South African labour law - whether they employ one person or 1 000 people they are governed by South African labour law. In this accessible guide, South Africa's foremost expert on the subject helps employers through this minefield.
This book deals with labour relations act, basic conditions of employment and employment equity acts, affirmative action, discrimination in employment, strikes and lock-outs, collective bargaining and many other issues.
The South African labour market has undergone unparalleled reformations since 1994. This textbook, up to date with all legislation at the time of writing, provides a comprehensive text for students at tertiary institutions. It should also be a useful reference for industrial relations practitioners.
Labour Law in Namibia is the first comprehensive and scholarly text to analyse labour law in the country, the Labour Act of 2007, and how it affects the common law principles of employment relations. Concise and extensively researched, it examines the Labour Act in detail in 16 chapters that include the employment relationship; duties of employers and employees; unfair dismissal and other disciplinary actions; the settlement of industrial disputes; and collective bargaining. Over 500 relevant cases are cited, including court rulings in other countries, and comparative references to the labour laws of other Commonwealth countries, notably South Africa, Swaziland, Zambia and the United Kingdom, making it a reference and comparative source book for common law countries in the SADC region and beyond. Written by an authority in the field of labour law, this is a unique reference guide for key players in labour relations, including teachers and students of law, legal researchers and practitioners, human resource and industrial relations practitioners, employers and employers organisations, employees and trade unions, public servants and public policy advisors, and the academic community internationally. In clear and uncomplicated English, the book is accessible to professional and lay people. A comprehensive list of contents, tables of cases and statues, bibliography and index, assist the reader.
"South African labour legislation prescribes to employers and employees what they are able to do, when they are allowed to do it, and how. It is, in reality, a potential mine?eld. But help is now at hand with Everyone's guide to labour law, which aims to assist employers and employees in respect of their rights, duties and obligations in most labour-related matters. It deals simply with the relevant legislation and the most common pitfalls, as well as the processes and procedures that must be followed. This comprehensive, current and informative book makes complex Acts accessible and easy to understand, while practical examples provide clarity and better understanding."--Back cover.
There are few, if any countries in the world, with labour dispensations that are more fraught with: Heavy restrictions on employers... Industrial conflict... Fast-changing labour law statutes... Conflicting case law decisions.
This book is an exploration of arguments about the economic and social effects of the regulation of labour, and whether it is likely to be helpful or harmful to development. Authored by contributors from a variety of fields, primarily legal as well as development studies, economics and regulatory studies, the book presents both empirical and theoretical analyses of the issues. With authors from several continents, this collection is unique in that it focuses on labour regulation in poor and middle-income countries rather than industrialised ones, therefore making it a significant contribution to the field.