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Author: Sean Cooney Publisher: Routledge ISBN: 113459755X Category : Political Science Languages : en Pages : 322
Book Description
This edited collection examines the labour laws of seven industrializing East Asian societies - China, Indonesia, Malaysia, South Korea, Taiwan, the Philippines and Vietnam - and discusses the variation in their impact across the whole region. Leading scholars from each country consider both laws pertaining to working conditions and industrial relations, and those that regulate the labour market as a whole. Legislation concerning migrant labour, gender equality, employment creation and skills formation is also examined. Adopting their own distinct theoretical perspectives, the authors trace the historical development of labour regulation and reveal that most countries in the region now have quite extensive frameworks. This book will be particularly useful to people interested in the place of labour law, and law in general, in contemporary East Asian societies.
Author: Tzehainesh Teklè Publisher: ISBN: 9789290148944 Category : Business & Economics Languages : en Pages : 0
Book Description
This important new study shifts the focus of scholarly and policy debates on the role of labour law in an era of globalization away from the countries and labour law systems of the North to those of the global South. Placing its analysis within the context of the current scholarly debates on the challenges and future of labour law, the book critically reviews the relevant literature and reflects upon the way in which workers' protection tends to be conceptualized, as well as on the adequacy of the legal categories and tools used to further it, with special attention given to the effectiveness of labour legislation in promoting gender equality. The book argues that, in addition to problems in the application of labour law, there is a mismatch between the realities of the developing world and the social, economic and political underpinnings of labour law. This dates back to its development in post-colonial African and South Asian countries and, to a lesser extent, in Latin American ones. The divergence persists, while new manifestations have appeared due to globalization, leaving a significant number of workers outside the scope of labour law and in need of protection. Against this background, the book explores regulatory and policy response at different governance levels to enhance the scope and application of labour regulation in Latin America, South Asia and southern Africa. Book jacket.
Author: Shelley Marshall Publisher: ISBN: 9789221296454 Category : Economic development Languages : en Pages : 345
Book Description
This book explores the question of whether labour law has a positive role to play in promoting economic development, bringing fresh perspectives to a debate that has raged for many years. It includes chapters from leading scholars in the field and presents views and experiences from Latin America, South Asia and southern Africa. The contributors address important topics including how labour laws might cover the precarious and informal workers that make up the majority of the workforces in many developing countries, ways labour could regulate the negative pressures generated by supply chain dyn.
Author: Ronald C. Brown Publisher: ISBN: 9781139337007 Category : LAW Languages : en Pages : 572
Book Description
This book deals with international labor and employment law in the East Asia Region (EA), particularly dealing with China, South Korea and Japan. It explores and explains the effects of globalization and discusses the role played by international labor law as it affects lawyers, business, labor, labor unions and human resource management, and the labor issues that can arise in dealing in EA trade and investment. The text, and the readings (from area experts), are organized and written to provide the reader with, first, a broad understanding and insight into the global dimensions of the fast-emerging area of labor and employment issues (e.g., global legal standards and their interplay with domestic and foreign laws); and second, to show how these laws and approaches play out in specific EA countries (comparing global approaches with the specific laws of each country on four common agenda items: regulatory administration, workers' rights, trade unions and dispute resolution). The book should be of interest not only to lawyers, students, human resource personnel and government officials, but also to business investors, managers and members of the public interested in the growing phenomenon of changing labor laws and societies in China, South Korea and Japan.
Author: Mark Findlay Publisher: ISBN: Category : Languages : en Pages : 16
Book Description
In the South East Asian region where the labour market is complex and labour relations are notoriously problematic, state-sponsored legal regulatory models broadly reveal two directions. Interventionist regulation overseen by the courts is a feature of some ASEAN jurisdictions and recognizes the state's role in managing employment market tensions. At the other end of the regulatory spectrum there is a marked reluctance by the state to interfere with contract-based market conditions, except where there is a clear intersection between labour force and migration policy. The reasons behind this regulatory divergence are as much a product of differing governance ideologies as they are a reflection of variations in labour market dependencies (such as foreign worker components). This paper, by focusing on a jurisdiction in which state-sponsored legal intervention has been both reluctant and sporadic, speculates on the necessity for a specific state/legal presence in the regulation of employment relations in vulnerable labour markets, if these markets are to contribute to sustainable economic development, as well as to ensure the integrity of labour valuing. The paper is in part descriptive due to the absence of legal scholarly interest in employment law in the region.
Author: Guy Davidov Publisher: OUP Oxford ISBN: 0191648078 Category : Law Languages : en Pages : 456
Book Description
Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.
Author: Silvia Spattini Publisher: Kluwer Law International B.V. ISBN: 9041128654 Category : Law Languages : en Pages : 510
Book Description
Not all labour law and industrial relations scholars agree on the efficacy of the comparative approach - that the analysis of measures adopted in other countries can play a constructive role in national and local policy-making. However, the case deserves to be heard, and no better such presentation has appeared than this remarkable book, the carefully considered work of over 40 well-known authorities in the field from a wide variety of countries including Australia, France, India, Israel, Peru, Poland, and South Africa. The volume contains papers delivered at a conference sponsored by the Marco Biagi Foundation at the University of Modena and Reggio Emilia in March 2008.
Author: Guy Davidov Publisher: Bloomsbury Publishing ISBN: 184731287X Category : Law Languages : en Pages : 438
Book Description
Labour law has always been preoccupied with boundaries. One can either be an 'employee' or not, an 'employer' or not, and the answer dictates who comes within the scope of labour law, for better or worse. But such divisions have always been difficult, and in recent years their shortcomings have become ever more pronounced. The proliferation of new work arrangements and heightened global competition have exposed a world-wide crisis in the regulation of work. It is therefore timely to re-assess the idea of labour law, and the concepts, in particular the age-old distinctions - that are used to delimit the field. This collection of essays, by leading experts from around the world, explores the frontiers of our understanding of labour law itself. Contributors: Harry Arthurs, Paul Benjamin, Hugh Collins, Guy Davidov, Paul Davies, Simon Deakin, Mark Freedland, Judy Fudge, Adrin Goldin, Alan Hyde, Jean-Claude Javillier, Csilla Kollonay Lehoczky, Brian Langille, Enriqué Marin, Kamala Sankaran, Silvana Sciarra, Katherine Stone and Anne Trebilcock.