Author: Roger Blanpain Publisher: Kluwer Law International B.V. ISBN: 904114272X Category : Law Languages : en Pages : 224
Book Description
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: Anthony Forsyth Publisher: Cambridge Scholars Publishing ISBN: 1527560899 Category : Law Languages : en Pages : 231
Book Description
The global challenges resulting from economic, demographic, ecological changes have led individuals to evaluate the advisability of creating new work identities, adopting a perspective based on social justice and sustainability. In this sense, this book examines the ways and the means through which the principle “labour is not a commodity” has been developed and the practical implications thereof. It will serve to help academics and practitioners in a number of fields to understand the ongoing socio-economic changes and the impact of globalisation today, and to analyze the role of public institutions and private stakeholders operating in the context where this principle is implemented.
Author: Alan Bogg Publisher: OUP Oxford ISBN: 019150565X Category : Law Languages : en Pages : 529
Book Description
This edited collection is the culmination of a comparative project on 'Voices at Work' funded by the Leverhulme Trust 2010 - 2013. The book aims to shed light on the problematic concept of worker 'voice' by tracking its evolution and its complex interactions with various forms of law. Contributors to the volume identify the scope for continuity of legal approaches to voice and the potential for change in a sample of industrialised English speaking common law countries, namely Australia, Canada, New Zealand, UK, and USA. These countries, facing broadly similar regulatory dilemmas, have often sought to borrow and adapt certain legal mechanisms from one another. The variance in the outcomes of any attempts at 'borrowing' seems to demonstrate that, despite apparent membership of a 'common law' family, there are significant differences between industrial systems and constitutional traditions, thereby casting doubt on the notion that there are definitive legal solutions which can be applied through transplantation. Instead, it seems worth studying the diverse possibilities for worker voice offered in divergent contexts, not only through traditional forms of labour law, but also such disciplines as competition law, human rights law, international law and public law. In this way, the comparative study highlights a rich multiplicity of institutions and locations of worker voice, configured in a variety of ways across the English-speaking common law world. This book comprises contributions from many leading scholars of labour law, politics and industrial relations drawn from across the jurisdictions, and is therefore an exceedingly comprehensive comparative study. It is addressed to academics, policymakers, legal practitioners, legislative drafters, trade unions and interest groups alike. Additionally, while offering a critique of existing laws, this book proposes alternative legal tools to promote engagement with a multitude of 'voices' at work and therefore foster the effective deployment of law in industrial relations.
Author: Christopher Williams Publisher: Peter Lang ISBN: 9783039114443 Category : Foreign Language Study Languages : en Pages : 228
Book Description
In this volume the author examines verbal constructions in prescriptive legal texts written in English. Modal auxiliaries such as shall, may and must are analysed, as well as indicative tenses such as the present simple, and also non-finite constructions such as the -ing form and -ed participles. Results are based on specially compiled corpora of prescriptive texts coming from a wide range of English-speaking countries and also international organizations such as the European Union and the UN. The author also analyses the nature, extent and impact of the calls for change in legal language coming from the Plain Language Movement. Although legal language tends to be depicted as being highly conservative and unchanging, the author shows that in certain parts of the English-speaking world a minor revolution would appear to be taking place, while in other parts there is greater resistance to change.
Author: Matthew W. Finkin Publisher: Edward Elgar Publishing ISBN: 1781000131 Category : Law Languages : en Pages : 504
Book Description
Economic pressure, as well as transnational and domestic corporate policies, has placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This bo
Author: Alysia Blackham Publisher: Bloomsbury Publishing ISBN: 1509921575 Category : Law Languages : en Pages : 240
Book Description
This collection brings together perspectives from industrial relations, political economy, political theory, labour history, sociology, gender studies and regulatory theory to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of a variety of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The individual chapters speak to this theme of inclusivity in different ways and offer different suggestions for how it might be achieved. They break down the barriers between legal research and other fields, to promote fruitful and integrative conversations across disciplines. In the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from leading scholars in the field, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work.
Author: Silvia Rainone Publisher: Kluwer Law International B.V. ISBN: 9403530065 Category : Law Languages : en Pages : 371
Book Description
In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.
Author: Marco Biagi Publisher: Kluwer Law International B.V. ISBN: 9041114327 Category : Law Languages : en Pages : 326
Book Description
Papers presented at the annual conference of the International Club Meeting of Labour Law Periodicals, held at the University of Modena, April 28-29, 2000.
Author: Courier Research Project Publisher: Canadian Centre Policy Alternatives ISBN: 0886274443 Category : Delivery of goods Languages : en Pages : 34
Book Description
This costs part-time and contract work; the need to support the courier in time and money since the courier one's self through multiple job holdings; and the covers the costs of doing business. [...] Overnight Couriers & Traditional Employment The Nature of Employment in the Courier Core companies such as UPS, Purolator, Canada Industry Post Corporation, and Federal Express account for the majority of those couriers employed in the The following section looks at the terms and overnight/later market. [...] Roger Fontaine of DDAM is an employee for the purposes of minimum explains: employment protections.20 It was only through the advocacy of The purpose of each statute differs and these DDAM, the Workers' Organizing variations play a part in making the employee- Resource Centre and the Canadian independent contractor distinction. [...] For example, Union of Postal Workers in meeting the policy goals of the Income Tax Act are different with the Deputy Minister of Labour from labour standards legislation: and as a result, and Employment Standards that the it might make sense to hold a particular worker government began the consistent ap- to be an employee for the purposes of one but not plication of legal tests to determine if the [...] Research suggests that he had been embarrassed a few months that the more homogenous the group, the more earlier when he and another courier bumped into intense and frequent the interactions within the each other downtown and asked each other the group, and the denser the group members' social company each worked for.
Author: Roger Blanpain
Author: Anthony Forsyth
Author: Alan Bogg
Author: Christopher Williams
Author: Matthew W. Finkin
Author: Alysia Blackham
Author: Anthony Forsyth
Author: Silvia Rainone
Author: Marco Biagi
Author: Courier Research Project