Basic Guide to the National Labor Relations Act PDF Download

Author: United States. National Labor Relations Board. Office of the General Counsel
Publisher: U.S. Government Printing Office
ISBN:
Category : Law
Languages : en
Pages : 68

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Author: Marco Rocca
Publisher: Social Europe
ISBN: 9781780683072
Category : Law
Languages : en
Pages : 388

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This book explores the complicated relationship between the EU legal framework for posting of workers and collective labor law. It examines this topic from the perspective of EU law and of international labor law. In doing so, the book builds upon a solid interdisciplinary foundation, which looks at sociological and economic aspects of the posting phenomenon, also taking into account issues related to industrial relations. However, the immediate focus is on the creation and evolution of the said EU legal framework. Hence, the book provides an in-depth analysis of the drafting process of the Posting of Workers Directive (96/71), as well as an exhaustive examination of the case law of the Court of Justice of the EU dealing with posting of workers. This evolving legal framework is subsequently considered in its broader context, with two tensions identified. On the one hand, the book investigates the growing conflict between the EU framework for posting of workers and the international protection of social rights. It argues that, with regards to the relationship at stake, the EU is presently violating the standards set by the Council of Europe and by the International Labor Organization. On the other hand, the book critically considers the impact of the trend towards decentralization of collective bargaining on the application of collective agreements to posted workers. In particular, it analyzes the so-called "New Economic Governance" of the EU, and its role in fostering such a trend. The book outlines the far-reaching implications of the lack of coherence between the action of the EU institutions involved in the "New Economic Governance" and the case law of the Court of Justice dealing with posting of workers. (Series: Social Europe - Vol. 33) [Subject: European Law, Labor Law, International Law, Comparative Law]

Author: ter Haar, Beryl
Publisher: Edward Elgar Publishing
ISBN: 1788116399
Category : Law
Languages : en
Pages : 488

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This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU’s competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy.

Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
ISBN: 904114272X
Category : Law
Languages : en
Pages : 224

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On the occasion of the official ‘retirement’ of the eminent labour law scholar Antoine Jacobs, a number of his colleagues – themselves well-respected in the field of labour law and industrial relations – have assembled this volume of essays to manifest the breadth and variety of this great professor’s work. The authors pay particular attention to the tension, always present in Jacobs’s critical research, of traditional values with an acute awareness of emerging realities. He approached labour law, not merely as a series of static issues concerning workers and employers, but as an evolving discipline that persistently challenged its socio-political context. Among the wide range of issues considered in this collection – all of them prominent in Jacobs’s work – are the following: the right to work; the right to strike versus the freedom to strike; the role of the European Union in national labour law; transnational collective bargaining; social security issues; labour law and the social teaching of churches; bankruptcy; and more.

Author: Matteo Bottero
Publisher: Kluwer Law International B.V.
ISBN: 9403528648
Category : Law
Languages : en
Pages : 547

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Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.

Author: Axel Adlercreutz†
Publisher: Kluwer Law International B.V.
ISBN: 9403515589
Category : Law
Languages : en
Pages : 465

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Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Sweden not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Sweden, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

Author: Jens Kristiansen
Publisher: Nordic Council of Ministers
ISBN: 9289341793
Category : Labor laws and legislation, International
Languages : en
Pages : 235

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One of the special features of the Nordic countries is that the determination of wages and working conditions is largely left up to the negotiations between the social partners. The purpose of this report is to illuminate a number of the challenges faced by the labour-law systems of the Nordic countries in the light of an increasingly well-developed European law system. The first part of the report was prepared by Dr. Jur. Jens Kristiansen, the editor-in-chief, and focuses on a number of the general challenges facing the labour-law systems of the Nordic countries in the form of European rules and court decisions. The second part of the report was prepared by various representatives of employer and employee organisations in the Nordic countries and illustrates some of the challenges faced by the social partners in their interaction with the European court system and the way in which these challenges have been addressed in the individual countries.

Author: Alan Bogg
Publisher: Edward Elgar Publishing
ISBN: 1783471123
Category : Law
Languages : en
Pages : 592

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Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.

Author: United States
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 1508

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Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
ISBN: 9041134603
Category : Law
Languages : en
Pages : 122

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"For employees, collective protection has never been more urgent. Everywhere, pressures resulting from worldwide competition and technical innovation are downgrading and relocating jobs, closing companies, and fuelling workers' fears of less-than-secure working conditions, de-qualification, and job loss. More and more, trade unions confront the challenge of asserting their rights across borders. However, in order to establish the necessary preconditions for any transnational solidarity, it is necessary to define and clarify both what is distinctive and what is fundamental in the different legal frameworks affecting trade union activity. That is what this book sets out to do. The essays presented here are an outcome of an international and comparative conference, organised and sponsored by the newly established Hugo Sinzheimer Institute of Labour Law (HSI), Frankfurt am Main, which took place in Frankfurt in January 2011 at the premises of IG Metall, the world's largest trade union. The book offers an overview of trade union rights in each of seven industrial countries: Belgium, Hungary, England, Germany, France, the Netherlands and the United States. A concluding chapter by Manfred Weiss notes the futility of a 'harmonization' approach, stressing rather a strategy of accepting variety which nevertheless embraces close cooperation. Issues covered include the following: direct and indirect recognition of the rights of the unions at the workplace; the right of access of trade union representatives not employed in the establishment; competition from non-unionized firms and low labour cost operations; new styles of management hostile to trade unions; employers' use of the courts to prevent industrial action illegalized by new legislation; relations among trade unions, works councils, workers' representatives, and employers' organizations; the role of the union at a time of change of company ownership; and effects of public resistance to cuts in public services and to job losses. At a time when the protection of the global 'voice' of workers is of the utmost importance, sensitivity to existing cultural differences is crucial to effective international engagement and cooperation among trade unions. As an important contribution in this respect, this book will be of great value to labour and employment lawyers and other professionals involved in law and policy affecting labour and industrial relations."--Publisher's website.