Differences in Labour Law between Germany and France PDF Download

Author: Klaus Degenhardt
Publisher: BoD – Books on Demand
ISBN: 3689047889
Category : Law
Languages : en
Pages : 210

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Book Description
There are significant differences between labour law in Germany and France that affect both employees and employers. In Germany, labour law is strongly influenced by the principles of the welfare state. It places particular emphasis on the protection of employees, especially through comprehensive co-determination rights of works councils and strict regulation of dismissals. The Dismissal Protection Act ensures that employees can only be dismissed under certain conditions, which guarantees a high level of job security. In addition, collective labour agreements are widespread in Germany and offer additional protection mechanisms. In France, on the other hand, labour law is more centralised and state-controlled. The ‘Code du Travail’ regulates many aspects of working life and provides for strict regulations in some areas, such as working hours and the minimum wage. French labour law is characterised by a high degree of state intervention, which is reflected in the traditionally high importance of trade unions and industrial action. The regulations on the dismissal of employees are also strict, but more flexible compared to Germany, especially after the labour law reforms under President Macron. These differences in labour law reflect the different historical, social and political developments in the two countries. While the principle of social partnership and decentralisation is paramount in Germany, French labour law is characterised by strong state regulation and centralism. An understanding of these differences is essential for companies and professionals operating in both countries in order to correctly fulfil the respective labour law requirements and avoid conflicts.

Author: Katharine G. Abraham
Publisher: Brookings Institution Press
ISBN:
Category : Job security
Languages : en
Pages : 212

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Book Description
With the onset of the recession in 1990, job security has moved to the forefront of labor market concerns in the United States. During economic downturns, American employers rely heavily on layoffs to cut their work force, much more than do their counterparts in other industrialized nations. The hardships imposed by these layoffs have led many to ask whether U.S. workers can be offered more secure employment without burdening the companies that employ them. In this book, Katharine Abraham and Susan Houseman address this question by comparing labor adjustment practices in the United States, where existing policies arguably encourage layoffs, with those in Germany, a country with much stronger job protection for workers. From their assessment of the German experience, the authors recommend new public policies that promote alternatives to layoffs and help reduce unemployment. Beginning with an overview of the labor markets in Germany and the United States, Abraham and Houseman emphasize the interaction of various government policies. Stronger job security in Germany has been accompanied by an unemployment insurance system that facilitates short-time work as a substitute for layoffs. In the United States, however, the unemployment insurance system has encouraged layoffs and discouraged the use of work-sharing schemes. The authors examine the effects of job security on the efficiency and equity of labor market adjustment and review trends in U.S. policy. Finally, the authors recommend reforms of the U.S. unemployment insurance system that include stronger experience rating and an expansion of short-time compensation program. They also point to the critical link between job security and the system of worker training in Germany and advocate policies that would encourage more training by U.S. companies.

Author: Tamás Gyulavári
Publisher: Kluwer Law International B.V.
ISBN: 9403502045
Category : Law
Languages : en
Pages : 634

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Book Description
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.

Author: Thomas Murrhardt
Publisher: BoD – Books on Demand
ISBN: 3689048001
Category : Law
Languages : en
Pages : 246

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Book Description
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.

Author: Czech Republic
Publisher:
ISBN:
Category : Labor laws and legislation
Languages : en
Pages : 340

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Author: U. Muehlberger
Publisher: Springer
ISBN: 0230288782
Category : Business & Economics
Languages : en
Pages : 229

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Book Description
This book investigates work relationships on the border between employment and self-employment. Bringing together economic, sociological and legal research approaches, it analyses why firms deploy dependent self-employed workers, why individuals supply this form of work and by which informal and formal mechanism dependency is created.

Author: Elie Poulard
Publisher: University of Notre Dame Pess
ISBN: 0268100802
Category : History
Languages : en
Pages : 176

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Book Description
The Required Work Service Law, or Service du Travail Obligatoire, was passed in 1943 by the Vichy government of France under German occupation. Passage of the law confirmed the French government’s willing collaboration in providing the Nazi regime with French manpower to replace German workers sent to fight in the war. The result was the deportation of 600,000 young Frenchmen to Germany, where they worked under the harshest conditions. Elie Poulard was one of the Frenchmen forced into labor by the Vichy government. Translated by his brother Jean V. Poulard, Elie’s memoir vividly captures the lives of a largely unrecognized group of people who suffered under the Nazis. He describes in great detail his ordeal at different work sites in the Ruhr region, the horrors that he witnessed, and the few Germans who were good to him. Through this account of one eyewitness on the ground, we gain a vivid picture of Allied bombing in the western part of Germany and its contribution to the gradual collapse and capitulation of Germany at the end of the war. Throughout his ordeal, Elie's Catholic faith, good humor, and perseverance sustained him. Little has been published in French or English about the use of foreign workers by the Nazi regime and their fate. The Poulards’ book makes an important contribution to the historiography of World War II, with its firsthand account of what foreign workers endured when they were sent to Nazi Germany. The memoir concludes with an explanation of the ongoing controversy in France over the opposition to the title Déporté du Travail, which those who experienced this forced deportation, like Elie, gave themselves after the war.

Author: World Bank
Publisher: World Bank Publications
ISBN: 1464811474
Category : Business & Economics
Languages : en
Pages : 1217

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Book Description
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.

Author: Brian Bercusson
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783832921088
Category : Charter of Fundamental Rights of the European Union
Languages : en
Pages : 0

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Book Description
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.

Author: Nicola Countouris
Publisher: Routledge
ISBN: 1317038924
Category : Law
Languages : en
Pages : 274

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Book Description
During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.