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Author: Richmond Idaeho Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
It is no doubt that the key resource for every society's economic development and sustainability is the human capital. This, in order words, would mean an active work force. Businesses strive on labour, and the need to respond to the ever-evolving global community has made the use of some labour and employment practices like casualisation and triangular employment relationship more attractive to employers, than the conventional employment model. The various issues pertaining to this trend in labour and employment have also created a new dimension in the development of the Nigerian labour jurisprudence by the National Industrial Court of Nigeria. This is so, particularly as it relates to the application of international best labour practices to casual and triangular employment relationships.This article identifies some of these work arrangements, albeit unconventional employment relationships, and highlights some of the challenges in relation to these work arrangements, while also proffering possible solutions towards having a better and all-inclusive work force as a pivotal path to a sustainable economic development.This work reviews the applicability of international best labour practices in the Nigerian labour court as they relate to contemporary workplace practices and issues of decent work, equal opportunities and privileges, and fair labour practices, while also considering Nigeria's socio-economic realities, labour policies and the local laws.
Author: Richmond Idaeho Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
It is no doubt that the key resource for every society's economic development and sustainability is the human capital. This, in order words, would mean an active work force. Businesses strive on labour, and the need to respond to the ever-evolving global community has made the use of some labour and employment practices like casualisation and triangular employment relationship more attractive to employers, than the conventional employment model. The various issues pertaining to this trend in labour and employment have also created a new dimension in the development of the Nigerian labour jurisprudence by the National Industrial Court of Nigeria. This is so, particularly as it relates to the application of international best labour practices to casual and triangular employment relationships.This article identifies some of these work arrangements, albeit unconventional employment relationships, and highlights some of the challenges in relation to these work arrangements, while also proffering possible solutions towards having a better and all-inclusive work force as a pivotal path to a sustainable economic development.This work reviews the applicability of international best labour practices in the Nigerian labour court as they relate to contemporary workplace practices and issues of decent work, equal opportunities and privileges, and fair labour practices, while also considering Nigeria's socio-economic realities, labour policies and the local laws.
Author: Mark Robert Freedland Publisher: Oxford University Press ISBN: 0199551758 Category : Law Languages : en Pages : 501
Book Description
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.
Author: Frans Pennings Publisher: Kluwer Law International B.V. ISBN: 9041132899 Category : Business & Economics Languages : en Pages : 242
Book Description
In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related from a social policy point of view. In order to make a substantial contribution to the discussion on these developments a group of noted European labour law scholars has undertaken the research assembled in this book, recommending labour law reforms based on a close examination of existing conditions. The eight authors analyse measures and legal instruments offered by the European Union and the ILO to cover persons performing personal work, as well as specific developments in Belgium, France, The Netherlands, Poland, Germany, and the United Kingdom. In each case they describe viable ways in which categories of persons not treated as employees can be brought under the protection of labour law and how the distinction between employees and self-employed can become more clear. In a concluding final Chapter comparative conclusions are drawn on the basis of this study and recommendations are given to the EU, the ILO and the individual Member States. Among the specific issues covered are the following: * redefining the subordination criterion; * the role of the courts; * determination of the contract of employment; * forms of labour involving more than two contracting parties (e.g., employment agency arrangements); * the legal position of temporary workers; * 'employee-like' persons, e.g., home-workers or commercial representatives; * the 'bogus' self-employed; * introduction and effect of legal presumptions in labour law and/or social security; * developing uniform criteria for the employment relationship; * criteria for identifying self-employed but economically-dependent workers; * extension of protection of labour law to persons other than employees or the self-employed; and * social rights applicable to all work contracts irrespective of their formal qualification; * floor of core rights. This study seriously contributes toward overcoming the reluctant and piecemeal measures commonly taken to extend the protection of the employment contract. Although the authors acknowledge the continuing tension between labour law protection and the need for a flexible workforce, they also recognize the positive effects of best practices that lead to more certainty, fewer disputes, and clear (but still flexible if necessary) agreements. The book will be warmly welcomed as a signal contribution to addressing what one labour law scholar has called 'the most important industrial relations issue of our time.'
Author: Mark Freedland Publisher: Oxford University Press ISBN: 0191085928 Category : Law Languages : en Pages : 730
Book Description
The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication. The legal analysis is always informed by a keen sense of the modern labour market context of the contract of employment, and it is sensitive to contemporary challenges such as precariousness, the interaction with migration law, the role of legislation in the contract of employment, and the decline of collective bargaining. It will be the principal reference point for the practitioners, judges, and academics concerned with the contract of employment as a legal category, both nationally and internationally.
Author: Richard Johnstone Publisher: ISBN: 9781862878891 Category : Casual labor Languages : en Pages : 237
Book Description
Australian labour law, at least from the mid-twentieth century, was dominated by the employment paradigm: the assumption that labour law's scope was the regulation of employment relationships -full-time and part-time, and continuing, fixed term or casual - with a single (usually corporate) entity employer. But no sooner had the employment paradigm established and consolidated its shape, it began to fall apart. Since the 1980s there has been a significant growth of patterns of work that fall outside this paradigm, driven by organisational restructuring and management techniques such as labour hire, sub-contracting and franchising.Beyond Employment analyses the way in which Australian labour law is being reframed in this shift away from the pre-eminence of the employment paradigm. Its principal concern is with the legal construction and regulation of various forms of contracting, including labour hire arrangements, complex contractual chains and modern forms like franchising, and of casual employment. It outlines the current array of work relationships in Australia, and describes and analyses the way in which those outside continuous and fixed term employment are regulated. The book seeks to answer the central question: How does law (legal rules and principles) construct these work relationships, and how does it regulate these relationships?The book identifies the way in which current law draws the lines between the various work relationships through the use of contract and property ownership, and describes, analyses and synthesises the legal rules that govern these different forms of work relationships. The legal rules that govern work relationships are explored through the traditional lens of labour law's protective function, principally in four themes: control of property, and the distribution of risks and rewards; maintenance of income security; access to collective voice mechanisms, focusing on collective bargaining; and health, safety and welfare. The book critically evaluates the gaps in the coverage and content of these rules and principles, and the implications of these gaps for workers. It also reflects upon the power relationships that underpin the work arrangements that are the focus of the book and that are enhanced through the laws of contract and property. Finally, it frames an agenda to address the gaps and identified weaknesses insofar as they affect the economic wellbeing, democratic voice, and health and safety of workers.
Author: Publisher: Kluwer Law International B.V. ISBN: 9041152563 Category : Law Languages : en Pages : 408
Book Description
This edition of the Comparative Law Yearbook of International Business surveys issues involved in post-employment employer-employee relations and the ability of employers to control the conduct of a former employee. The survey’s introductory chapter provides a general review of issues in the context of multiple jurisdictions, followed by countryby-country analyses of 17 jurisdictions, encompassing reports on Argentina, Belgium, Canada, China, Germany, Gibraltar, Hungary, Iran, Italy, Japan, Luxembourg, Mexico, The Netherlands, New Zealand, the Slovak Republic, Switzerland, and the United Kingdom.
Author: Alan Bogg Publisher: ISBN: 0199683131 Category : Law Languages : en Pages : 529
Book Description
This book investigates the intersection between law and worker voice in a sample of industrialised English speaking countries, namely Australia, Canada, New Zealand, UK, and USA. While these countries face broadly similar regulatory dilemmas, they have significant differences between their industrial systems and legal cultures
Author: Richmond Idaeho
Author: Richmond Idaeho
Author: Mark Robert Freedland
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Author: Frans Pennings
Author: Mark Freedland
Author: Srikanta Mishra
Author: Richard Johnstone
Author: Frances Meenan
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Author: Alan Bogg