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Author: Sylvaine Laulom Publisher: Kluwer Law International B.V. ISBN: 9041190279 Category : Law Languages : en Pages : 312
Book Description
In many EU Member States, the various economic crises of recent years provided grounds for a rarely equalled level of state intervention in the regulation of labour relations with an explicit aim: the decentralisation of collective bargaining. An extensive body of research – summed up and analysed expertly in the chapters of this very important book – reveals that the process of decentralisation has more often than not led to a situation where salaries and labour conditions are ever more frequently determined by direct negotiations between employer and employees, with the State becoming the sole guarantor of employee protection even as it encourages decreasing labour costs to ensure that companies remain competitive. The comparative approach offered in this book adds to this synthesis by providing examples of speci c recent developments in fourteen Member States and Turkey. Among the numerous topics and issues that arise are the following: – ‘opt-out’ clauses that derogate unfavourably from sectoral agreement standards; – extension of the employer’s unilateral decision-making power; – ‘memoranda of understanding’ imposed by the ‘troika’ (EU, ECB, and IMF); and – ‘stand-by arrangements’ imposed by the IMF. However, notwithstanding the strong emphasis on changing the structure of collective agreements by shifting the centre of gravity closer to the company, research nds promise in the reconstituted support for sector-level agreements increasingly found among very small businesses, networked businesses, and work via digital platforms. This is the rst book to take stock of the current state of collective bargaining in Europe. It is an essential study for labour and employment law practitioners, and an exemplary analysis of immeasurable value to policymakers and academics in the eld.
Author: Sylvaine Laulom Publisher: Kluwer Law International B.V. ISBN: 9041190279 Category : Law Languages : en Pages : 312
Book Description
In many EU Member States, the various economic crises of recent years provided grounds for a rarely equalled level of state intervention in the regulation of labour relations with an explicit aim: the decentralisation of collective bargaining. An extensive body of research – summed up and analysed expertly in the chapters of this very important book – reveals that the process of decentralisation has more often than not led to a situation where salaries and labour conditions are ever more frequently determined by direct negotiations between employer and employees, with the State becoming the sole guarantor of employee protection even as it encourages decreasing labour costs to ensure that companies remain competitive. The comparative approach offered in this book adds to this synthesis by providing examples of speci c recent developments in fourteen Member States and Turkey. Among the numerous topics and issues that arise are the following: – ‘opt-out’ clauses that derogate unfavourably from sectoral agreement standards; – extension of the employer’s unilateral decision-making power; – ‘memoranda of understanding’ imposed by the ‘troika’ (EU, ECB, and IMF); and – ‘stand-by arrangements’ imposed by the IMF. However, notwithstanding the strong emphasis on changing the structure of collective agreements by shifting the centre of gravity closer to the company, research nds promise in the reconstituted support for sector-level agreements increasingly found among very small businesses, networked businesses, and work via digital platforms. This is the rst book to take stock of the current state of collective bargaining in Europe. It is an essential study for labour and employment law practitioners, and an exemplary analysis of immeasurable value to policymakers and academics in the eld.
Author: Giulia Frosecchi Publisher: Taylor & Francis ISBN: 1000902579 Category : Law Languages : en Pages : 150
Book Description
The book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law.
Author: Anthony Forsyth Publisher: Cambridge Scholars Publishing ISBN: 1443887811 Category : Social Science Languages : en Pages : 225
Book Description
No one can deny the significance attributed to the issue of reconciling work and private life by contemporary society, the EU and other international organisations. Its relevance is evident in the multifaceted nature of this topic and the need for each party to the employment contract to strike a proper balance between professional and personal responsibilities, based on the assumption that people can successfully harmonise their work with life. Following on from these considerations, this volume provides a detailed analysis of work-life balance and its regulation in a number of EU countries, emphasizing the consequences that the current economic crisis has brought about in this field.
Author: Steffen Lehndorff Publisher: ETUI ISBN: 2874523321 Category : Europe Languages : en Pages : 369
Book Description
This book is a follow-up to the ETUI 2012 volume 'The triumph of failed ideas'. The focus of the book is the weight attributed to the different economic and social development paths in ten individual EU countries, and their interaction with the austerity regime established at EU level which in fact is deepening the crisis rather than paving ways out of it. The most dangerous implication of this policy approach is, according to this study, that it is driving countries apart - misleadingly in the name of 'Europe', hence the title of the book 'divisive integration'. The main message of the book is that a gradual recovery is possible only if there is a change of course in individual countries that then triggers reactions in the policies of other countries and perturbations at the EU level. However, these changes in individual countries is no longer feasible without a green light or at least toleration from the level of the European institutions.
Author: Ignasi Brunet Publisher: PUBLICACIONS UNIVERSITAT ROVIRA I VIRGILI ISBN: 8484246205 Category : Political Science Languages : en Pages : 252
Book Description
Capitalism in its modern form has become universal and has a presence in practically every country in the world, including those which once called themselves Communist. This book studies its effects on different labor markets, from those linked to highly tertiary economies (EU-27, USA and Japan, to the most productive economies, such as China, and on to economic models that are in full transition from secondary to tertiary economies, as is the case in several Latin American countries.
Author: Daniel Vaughan-Whitehead Publisher: Edward Elgar Publishing ISBN: 1788116291 Category : Business & Economics Languages : en Pages : 635
Book Description
International debate has recently focused on increased inequalities and the adverse effects they may have on both social and economic developments. Income inequality, now at its highest level for the past half-century, may not only undermine the sustainability of European social policy but also put at risk Europe’s sustainable recovery. A common feature of recent reports on inequality (ILO, OECD, IMF, 2015–17) is their recognition that the causes emerge from mechanisms in the world of work. The purpose of this book is to investigate the possible role of industrial relations, and labour policies more generally, in reducing these inequalities.
Author: Steffen Lehndorff Publisher: ETUI ISBN: 2874522465 Category : Capitalism Languages : en Pages : 286
Book Description
The current crisis in Europe is being labelled, in mainstream media and politics, as a ‘public debt crisis’. The present book draws a markedly different picture. What is happening now is rooted, in a variety of different ways, in the destabilisation of national models of capitalism due to the predominance of neoliberalism since the demise of the post-war ‘golden age’. Ten country analyses provide insights into national ways of coping – or failing to cope – with the ongoing crisis. They reveal the extent to which the respective socio-economic development models are unsustainable, either for the country in question, or for other countries. The bottom-line of the book is twofold. First, there will be no European reform agenda at all unless each country does its own homework. Second, and equally urgent, is a new European reform agenda without which alternative approaches in individual countries will inevitably be suffocated. This message, delivered by the country chapters, is underscored by more general chapters on the prospects of trade union policy in Europe and on current austerity policies and how they interact with the new approaches to economic governance at the EU level. These insights are aimed at providing a better understanding across borders at a time when European rhetoric is being used as a smokescreen for national egoism.
Author: Daniel Vaughan-Whitehead Publisher: Edward Elgar Publishing ISBN: 1783476567 Category : Business & Economics Languages : en Pages : 640
Book Description
This is the first book to provide a comprehensive and systematic assessment of the impact of the crisis and austerity policies on all elements of the European Social Model. This book assesses the situation in each individual EU member state on the basi
Author: Nuno Cerejeira Namora Publisher: Cambridge Scholars Publishing ISBN: 1527526097 Category : Law Languages : en Pages : 622
Book Description
This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).
Author: Susan Hayter Publisher: ISBN: 9789221316091 Category : Collective labor agreements Languages : en Pages : 0
Book Description
Collective bargaining involves a process of negotiation between one or more unions and an employer or employers' organisation(s). The outcome is a collective agreement that defines terms of employment - typically wages, working hours and in-work benefits. The agreement affords labour protection: minimum wages, regular earnings; limits on working hours and predictable work schedules; safe working environments; parental leave and sick leave; and a fair share in the benefits of increased productivity. The International Labour Organization (ILO) Collective Agreements Recommendation 1951 (No. 91) considers, where appropriate and having regard to national practice, that measures should be taken to extend the application of all or some provisions of a collective agreement to all employers and workers included wthin the domain of the agreement. The extension of a collective agreement generalises the terms and conditions of employment, agreed between organised firms and workers, represented through their association(s) and union(s), to the non-organised firms within a sector, occupation or territory. The collection of chapters in this volume are about the extension of collective agreements as an act of public policy.
Author: Sylvaine Laulom
Author: Sylvaine Laulom
Author: Giulia Frosecchi
Author: Anthony Forsyth
Author: Steffen Lehndorff
Author: Ignasi Brunet
Author: Daniel Vaughan-Whitehead
Author: Steffen Lehndorff
Author: Daniel Vaughan-Whitehead
Author: Nuno Cerejeira Namora
Author: Susan Hayter