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Author: Tamás Gyulavári Publisher: Kluwer Law International B.V. ISBN: 9403502045 Category : Law Languages : en Pages : 634
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: Tamás Gyulavári Publisher: Kluwer Law International B.V. ISBN: 9403502045 Category : Law Languages : en Pages : 634
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: Rosa Maria Ballardini Publisher: Kluwer Law International B.V. ISBN: 9403503416 Category : Law Languages : en Pages : 517
Book Description
The digitization of industrial processes has suddenly taken a great leap forward, with burgeoning applications in manufacturing, transportation and numerous other areas. Many stakeholders, however, are uncertain about the opportunities and risks associated with it and what it really means for businesses and national economies. Clarity of legal rules is now a pressing necessity. This book, the first to deal with legal questions related to Industrial Internet, follows a multidisciplinary approach that is instructed by law concerning intellectual property, data protection, competition, contracts and licensing, focusing on business, technology and policy-driven issues. Experts in various relevant fields of science and industry measure the legal tensions created by Industrial Internet in our global economy and propose solutions that are both theoretically valuable and concretely practical, identifying workable business models and practices based on both technical and legal knowledge. Perspectives include the following: regulating Industrial Internet via intellectual property rights (IPR); data ownership versus control over data; artificial intelligence and IPR infringement; patent owning in Industrial Internet; abuse of dominance in Industrial Internet platforms; data collaboration, pooling and hoarding; legal implications of granular versioning technologies; and misuse of information for anticompetitive purposes. The book represents a record of a major collaborative project, held between 2016 and 2019 in Finland, involving a number of universities, technology firms and law firms. As Industrial Internet technologies are already being used in several businesses, it is of paramount importance for the global economy that legal, business and policy-related challenges are promptly analyzed and discussed. This crucially important book not only reveals the legal and policy-related issues that we soon will have to deal with but also facilitates the creation of legislation and policies that promote Industrial-Internet-related technologies and new business opportunities. It will be warmly welcomed by practitioners, patent and other IPR attorneys, innovation economists and companies operating in the Industrial Internet ecosystem, as well as by competition authorities and other policymakers.
Author: Guy Davidov Publisher: Oxford University Press ISBN: 0198759037 Category : Law Languages : en Pages : 305
Book Description
This volume explores the societal goals behind labour laws - through an analysis of normative justifications and critiques - and examines what actions are needed to better advance these goals, by way of purposive interpretation and legal reform.
Author: Christopher Heath Publisher: Kluwer Law International B.V. ISBN: 9403522135 Category : Law Languages : en Pages : 330
Book Description
The convergence of various fields of technology is changing the fabric of society. Big data and data mining, Internet of Things, artificial intelligence and blockchains are already affecting business models and leading to a social and economic transformations that have been dubbed by the fourth industrial revolution. Focusing on the framework of intellectual property rights, the contributions to this book analyse how the technical background of this massive transformation affects intellectual property law and policy and how intellectual property is likely to change in order to serve the society. Well-known authorities in intellectual property law offer in-depth chapters on the roles in this revolution of such concepts and actualities as the following: power and role of data as the raw material of the revolution; artificial inventors and creators; trade marks in the dimension of avatars and fictional game characters; concept of inventive step change where the person skilled in the art is virtual; data rights versus intellectual property rights; transparency in the context of big data; interrelations of data, technology transfer and antitrust; self-executable and ‘smart’ contracts; redefining the balance among exclusive rights, development, technology transfer and contracts; and proprietary information versus the public domain. The chapters also provide complete analyses of how big data changes decision-making processes, how sustainable development requires redefinition, how technology transfer is re-emerging as technology diffusion and how the role of contracts and blockchain as instruments of monitoring and enforcement are being defined. Offering the first in-depth legal commentary and analysis of this highly topical issue, the book approaches the fourth industrial revolution from the perspectives of technical background, society and law. Its authoritative analysis of how the data-driven economy influences innovation and technology transfer is without peer. It will be welcomed by practicing lawyers in intellectual property rights and competition law, as well as by academics, think tanks and policymakers.
Author: David Lewis Publisher: A&C Black ISBN: 9780485121568 Category : Political Science Languages : en Pages : 182
Book Description
Whistleblowing has become a burning issue in contemporary society. When is whistleblowing appropriate? How is it best carried out? And how should managers and employers handle the issue? This book takes a look at whistleblowing at work taking a group of key occupation -- including the Health Service, Local Government, Accountancy and Education -- and from different points of view, including those of the employer, the trade unions and the employed. A whistleblower speaks for herself; advice is given on the whistleblower's best route; and the ethical issues are weighed and the legal situation set out. This book is invaluable to those concerned with employment, personnel, and human resource management; and to all those working in whistleblowing territory.
Author: Hugh Collins Publisher: Cambridge University Press ISBN: 1316515745 Category : Business & Economics Languages : en Pages : 1075
Book Description
Written by prominent UK labour lawyers, this textbook is comprehensive and engaging, with detailed commentary and integrated materials.
Author: Brodie, Douglas Publisher: Edward Elgar Publishing ISBN: 178347968X Category : Law Languages : en Pages : 256
Book Description
This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.
Author: Roger Blanpain Publisher: Kluwer Law International ISBN: Category : Comparative law Languages : en Pages : 820
Book Description
Comparativism is no longer a purely academic exercise but has increasingly become an urgent necessity for industrial relations and legal practitioners due To The growth of multinational enterprises And The impact of international and regional organizations aspiring to harmonize rules. The growing need for comprehensive, up-to-date and readily available information on labour law and industrial relations in different countries led to the publication of the International Encyclopaedia for Labour Law and Industrial Relations, In which more than 70 international and national monographs have thus far been published. This book, Comparative Labour Law and Industrial Relations in Industrialized Market Economies, goes a step further than the Encyclopaedia in as much as most of the chapters provide comparative and integrated thematic treatment. The aim is to describe the salient characteristics and trends in labour law and industrial relations in the contemporary world. This book is obviously not exhaustive, with respect to the coverage of countries and topics. The authors limit themselves mainly to the industrialized market economies. The book is divided in three main parts: an introduction relating to methodology and documentation, including the use of Internet. The second part concerns international actors, like the International Employerrsquo;s Organisations And The International Trade Union Movement, As well as Human Resources Management. The third concerns the sources of regulation, concentrating on International and European Labour Law, as well as on Codes of Conduct for Multinational Enterprises and describes also the rules in case of conflict of laws. The last part deals with international developments and comparative studies in not less than 15 chapters. The IXth edition, will like the previous editions, serve as a textbook and reference work to facilitate the task of teachers and students of comparative labour law and industrial relations. it will also provide labour lawyers with the necessary insights to cope with a world which is increasingly international.
Author: Valeria Pulignano Publisher: Kluwer Law International B.V. ISBN: 9403518200 Category : Law Languages : en Pages : 304
Book Description
It cannot be denied that in recent decades, for many if not most people, work has become unstable and insecure, with serious risk and few benefits for workers. As this reality spills over into political and social life, it is crucial to interrogate the transformations affecting employment relations, shape research agendas, and influence the policies of national and international institutions. This single volume brings together thirty-nine scholars (both academics and experienced industrial relations actors) in the fields of employment relations and labour law in a forthright discussion of new approaches, theories, and methods aimed at ameliorating the world of work. Focusing on why and how work is changing, how collective actors deal with it, and the future of work from different disciplinary angles and at an international level, the contributors describe and analyse such issues and topics as the following: new forms of social protection and representation; differences in the power relations of workers and political dynamics; balancing protection of workers’ dignity and promotion of productivity; intersection of information technology and workplace regulation; how the gig economy undermines legal protections; role of professional and trade associations; workplace conflict management; lay judges in labour courts; undeclared work in the informal sector of the labour market; work incapacity and disability; (in)coherence of the work-related case law of the European Court of Justice; and business restructurings. Derived from a major conference held in Leuven in September 2018, the book offers an in-depth understanding of the changing world of work, its main transformations, and the challenges posed to classical employment relations theories and methods as well as to labour law. With its wide range of insights, analysis, and reflection, this unique contribution to the study of industrial relations offers an authoritative reference guide to scholars, policymakers, trade unions and business associations, human resources professionals, and practitioners who need to deal with the future of work challenges.
Author: Tamás Gyulavári
Author: Tamás Gyulavári
Author: Rosa Maria Ballardini
Author: Guy Davidov
Author: Christopher Heath
Author: David Lewis
Author: Hugh Collins
Author: United States. Wage and Hour and Public Contracts Divisions
Author: Brodie, Douglas
Author: Roger Blanpain
Author: Valeria Pulignano