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Author: Jill Murray Publisher: Springer ISBN: 9789041115836 Category : Law Languages : en Pages : 0
Book Description
This book argues that the rules of the International Labour Organization (ILO) and those of the EC governing working time can be seen as examples of transnational labour regulation, and can be compared on that basis. Contrary to certain orthodoxies about the rule-making roles of each institution, there has been a significant degree of convergence between the institutions, having regard to the nature and purpose of their rules. This convergence has arisen because of complex factors within the internal histories of each institution, and the interaction between these internal developments and the external environment in which both operate. The ILO is no longer the sole, or even the primary, setter of labour standards in the field of working time for the EU Member States, as the Community has created binding rules in many of the areas previously regulated at the international level by the ILO. Further, any future action of the ILO may take in relation to working time is likely to be shaped by the Community, not least because the EU Member States are bound to act within the confines of Community policy to ensure the integrity of its rules. Thus, although the constitutional foundations of each institution were rather different, they now find themselves occupying much the same regulatory space in relation to this particular issue. In these circumstances, the binding nature of certain Community rules means that EC regulation has the capacity to diminish, and some argue has already diminished, the status and authority of the ILO.
Author: Jill Murray Publisher: Springer ISBN: 9789041115836 Category : Law Languages : en Pages : 0
Book Description
This book argues that the rules of the International Labour Organization (ILO) and those of the EC governing working time can be seen as examples of transnational labour regulation, and can be compared on that basis. Contrary to certain orthodoxies about the rule-making roles of each institution, there has been a significant degree of convergence between the institutions, having regard to the nature and purpose of their rules. This convergence has arisen because of complex factors within the internal histories of each institution, and the interaction between these internal developments and the external environment in which both operate. The ILO is no longer the sole, or even the primary, setter of labour standards in the field of working time for the EU Member States, as the Community has created binding rules in many of the areas previously regulated at the international level by the ILO. Further, any future action of the ILO may take in relation to working time is likely to be shaped by the Community, not least because the EU Member States are bound to act within the confines of Community policy to ensure the integrity of its rules. Thus, although the constitutional foundations of each institution were rather different, they now find themselves occupying much the same regulatory space in relation to this particular issue. In these circumstances, the binding nature of certain Community rules means that EC regulation has the capacity to diminish, and some argue has already diminished, the status and authority of the ILO.
Author: Adelle Blackett Publisher: Edward Elgar Publishing ISBN: 178254979X Category : Law Languages : en Pages : 603
Book Description
The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.
Author: Virginia A. Leary Publisher: Martinus Nijhoff Publishers ISBN: 9004145796 Category : Law Languages : en Pages : 441
Book Description
This original study examines the extent to which international labour issues have become issue of concern within the European Union, the ILO, the OECD (Organization for Economic Cooperation and Development), and the WTO (World Trade Organization).
Author: B. A. Hepple Publisher: Hart Publishing ISBN: 1841131601 Category : Business & Economics Languages : en Pages : 327
Book Description
This book provides a comprehensive analysis of the new methods of transnational labour regulation that are emerging in response to globalisation.
Author: International Labor Office Publisher: International Labor Office ISBN: Category : Business & Economics Languages : en Pages : 204
Book Description
Nearly half of trade agreements concluded in the past five years included either a labor chapter or labor provision that makes reference to international labor standards and ILO instruments. The evidence so far suggests that labor provisions have been an important tool for raising awareness and improving laws and legislations with respect to workers' rights, increasing stakeholder involvement in negotiation and implementation phases, and developing domestic institutions to better monitor and enforce labor standards. But challenges remain, particularly with respect to sustainability of impacts, coherence, and cooperative efforts. This new report, part of the Studies on Growth with Equity series, gives a full examination of the scope and effectiveness of these labor provisions.
Author: Antonio Ojeda Avilés Publisher: Kluwer Law International ISBN: 9789041158581 Category : Conflict of laws Languages : en Pages : 0
Book Description
Innovative analysis projects, for the first time in such depth, the mixture of public and private regulation - both substantive and procedural - that characterizes employment relations virtually everywhere in the world today. The book's detailed discussions of ILO and EU measures deal not with these organizations' rules in themselves, but with the ways these organizations regulate private entities, because such regulations mark the limits and possibilities of labour action by multinationals.
Author: Eve C. Landau Publisher: BRILL ISBN: 9047440382 Category : Law Languages : en Pages : 360
Book Description
This book portrays the achievements and progress of equality at work between men and women. The relevant UN Conventions, the ILO Philadelphia Declaration of 1944 and the numerous ILO Conventions and Recommendations on the development of equality are recalled. The European Union has applied and developed the universal ILO standards, empowering rights of equality with effective remedies through EU legislation and enforcement by its Court of Justice. The issues covered include equal remuneration and treatment, positive or affirmative action, dignity of the worker, maternity protection, part-time work and indirect discrimination, workers with family responsibilities and child care. New perspectives, policies and trends are discussed in a conclusion.
Author: Aneta Tyc Publisher: Routledge ISBN: 1000395928 Category : Business & Economics Languages : en Pages : 171
Book Description
This book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its existence, the World Trade Organization (WTO) and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of corporate social responsibility (CSR) instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the United States–Mexico–Canada Agreement (USMCA) can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs and a rise in wages. The book will be essential reading for academics and students in the fields of human rights law, international labour law, industrial relations law, international sustainable development law, international economic law and international trade law. It will also be of interest to practitioners, non-government organisations (NGOs) and policy makers.
Author: Jeffrey Vogt Publisher: Bloomsbury Publishing ISBN: 1509933565 Category : Law Languages : en Pages : 208
Book Description
This monograph was originally developed as a direct response to the claim made by members of the 'Employers Group' at the 2012 International Labour Conference, namely that the right to strike is not protected in international law, and in particular by ILO Convention 87 on the right to freedom of association. The group's apparent aim was to sow sufficient doubt as to the existence of an internationally protected right so that governments might seek to limit or prohibit the right to strike at the national level while still claiming compliance with their international obligations. In consequence, some governments have seized on the employers' arguments to justify new limitations on that right. The Right to Strike in International Law not merely refutes this claim but is the only complete and exhaustive analysis on this subject. Based on deep legal research, it finds that there is simply no credible basis for the claim that the right to strike does not enjoy the protection of international law; indeed, the authors demonstrate that it has attained the status of customary international 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: Jill Murray
Author: Jill Murray
Author: Adelle Blackett
Author: Virginia A. Leary
Author: B. A. Hepple
Author: International Labor Office
Author: Antonio Ojeda Avilés
Author: Eve C. Landau
Author: Aneta Tyc
Author: Jeffrey Vogt
Author: Frans Pennings