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Author: Roger Blanpain Publisher: Kluwer Law International B.V. ISBN: 9041122664 Category : Law Languages : en Pages : 322
Book Description
Two legitimate statements in search of legal doctrine: ?An employee must have a reasonable expectation of privacy.? ?The efficient operation of the company must be safeguarded.? As a lawyer considers each of these assertions, a significant region of incompatibility emerges. In the context of the use of information technology systems in the workplace, a collision of rights is exposed that has engendered a virtual battleground in the theory and practice of labour law. This remarkable and timely book draws together all the strands of law in this controversial area, both de facto and de jure. Its comprehensive coverage includes such eminently useful materials as the following: thirty actual company policies regarding on-line communications, from a wide variety of business sectors, with detailed analysis; texts of four company codes of practice; actual views of trade unions and employers? organizations; analysis of relevant existing laws on access, monitoring, liability, sanctions, and the rights of employee representatives; two proposed model codes of practice, one for the individual user and one for employee representatives; and, appendices including Belgium?s National Collective Agreement No. 81 and the regulatory bill and advisory opinions that led up to it. The authors? focus on practice is advantageous, as it brings the central issues and conflicts into high relief. The close analysis and investigation of how employers, trade unions, and legislative and advisory bodies are dealing with the essential matters?which include communications facilities at work, employer?s prerogative, the company?s rights of ownership and disposal, and the fundamental privacy rules of legitimate purpose, proportionality, and transparency?provide very valuable guidance to parties in any country concerned with developing a viable set of legal principles and rules for this challenging and unsettled area of labour law.
Author: Roger Blanpain Publisher: Kluwer Law International B.V. ISBN: 9041122664 Category : Law Languages : en Pages : 322
Book Description
Two legitimate statements in search of legal doctrine: ?An employee must have a reasonable expectation of privacy.? ?The efficient operation of the company must be safeguarded.? As a lawyer considers each of these assertions, a significant region of incompatibility emerges. In the context of the use of information technology systems in the workplace, a collision of rights is exposed that has engendered a virtual battleground in the theory and practice of labour law. This remarkable and timely book draws together all the strands of law in this controversial area, both de facto and de jure. Its comprehensive coverage includes such eminently useful materials as the following: thirty actual company policies regarding on-line communications, from a wide variety of business sectors, with detailed analysis; texts of four company codes of practice; actual views of trade unions and employers? organizations; analysis of relevant existing laws on access, monitoring, liability, sanctions, and the rights of employee representatives; two proposed model codes of practice, one for the individual user and one for employee representatives; and, appendices including Belgium?s National Collective Agreement No. 81 and the regulatory bill and advisory opinions that led up to it. The authors? focus on practice is advantageous, as it brings the central issues and conflicts into high relief. The close analysis and investigation of how employers, trade unions, and legislative and advisory bodies are dealing with the essential matters?which include communications facilities at work, employer?s prerogative, the company?s rights of ownership and disposal, and the fundamental privacy rules of legitimate purpose, proportionality, and transparency?provide very valuable guidance to parties in any country concerned with developing a viable set of legal principles and rules for this challenging and unsettled area of labour law.
Author: Roger Blanpain Publisher: Springer ISBN: Category : Law Languages : en Pages : 320
Book Description
A number of practices in today's `wired' workplace threaten several fundamental rights. More and more, employees are expected to curtail their right to communicate and their right to access to information. Their right to privacy may also be breached by monitoring of their e-mail and Internet activity. Although employers have legitimate reasons for such restrictive or invasive measures and clearly have their own right to supervise the use of company property it can no longer be denied that the legal and even moral issues that arise from the new reality of work in the information society demand serious and detailed consideration if labour law's role as a vital component of the employment relationship is to survive. In this very significant book, crucial questions arising in the context of the new world of work are explored by a distinguished gathering of academics, civil servants, trade union representatives, managers, employees and students from sixteen countries. The Conference, held in Brussels in November 2000, was co-sponsored by the Royal Flemish Academy of Belgium for Science and the Arts, Union Network International, UNI-Europa, and the Euro-Japan Institute for Law and Business. Participants analyzed trends and the ever-increasing possibilities and opportunities to communicate, monitoring included, in order to clarify such issues as the following: `on-line rights' and the form they should take in the workplace; employer liability for damage to third parties caused by e-mail or Internet activity; sexual harassment via e-mail or Internet activity; protection against hackers and other security measures; safeguarding confidentiality, both employer's and employee's; and the right to personal use of the company's communications technology. These and other aspects of the growing conflict between managerial prerogative and the right to privacy in the workplace are here given a fuller and more provocative treatment than is available in any other single source.
Author: Blanpain Publisher: Kluwer Law International B.V. ISBN: 904113199X Category : Law Languages : en Pages : 226
Book Description
The complexity of employment arrangements in various countries tends to make it difficult to understand them. Nevertheless, it is important to 'take stock' periodically, particularly from an internationally comparative perspective. This remarkable book is a giant step in that direction. It is especially valuable in the context of increasing globalisation. For each of nine key jurisdictions - the European Union, Germany, Sweden, United Kingdom, United States of America, Canada, New Zealand, Australia and Japan - experts present detailed information and analysis on key issues, shedding valuable light on trends in such specific areas of employment relations as the following: * atypical work and flexible work arrangements; * dispute settlement procedures such as negotiation, conciliation, mediation, arbitration and other forms of governmental or judicial intervention; * job security, anti-discrimination and gender equality; * recognition of unions and employers' associations and forms of employee representation; * how collective bargaining is regulated, whom the collective agreements cover and what they contain; * parental leave and childcare policy; * the capacity of individual agreements to override or not override collective agreements; * minimum wage levels; * overtime and shift work; and * paid leave entitlements. As a general framework, Part 1 offers an insightful summary of the underpinnings of current analysis of globalization, including discussion of the varieties of capitalism thesis, the divergence/convergence debate (with its models of bipolarization, clustering and hybridization), and elements of historical and political-economic path dependency in various cultures. The information gathered here furthers understanding of the increasing 'disconnect' between the prevailing institutional framework for employment relations and the sweeping changes that are taking place in the world of work. With this book's analysis, practitioners and policymakers will be able to overcome their dated assumptions and more effectively accommodate each others' interests in the face of the complex mix of continuity and change that they are confronting. The team of authors are experts in these countries. They are active in policy or legal analysis, business and/or scholarship.
Author: Oana ?tefan Publisher: Kluwer Law International B.V. ISBN: 9041148000 Category : Law Languages : en Pages : 286
Book Description
Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates’ General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several ‘champion’ instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs – all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal ‘hybrids’; the judicial review of soft law; the potential use of soft law as a ‘sword’ or as a ‘shield’ in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.
Author: Matthew W. Finkin Publisher: Kluwer Law International B.V. ISBN: 9403506555 Category : Law Languages : en Pages : 160
Book Description
In the United States and worldwide, the “labor question” has recrudesced. Old issues have resurged, sometimes in altered guise. New issues have emerged. Both test the twentieth century's solutions. This work explores the arc of labor law in the United States up to the changes that have reordered business and employment at the century's turn – the resurgence of old issues in new dress and the emergence of new issues, of which the deployment of technologies – roboticization and computerization – has been the catalyst. It closes on the issues labor law is facing in the twenty-¬first century, including the imponderable of yet a new need to address the de¬finition of citizenship. The author's thorough coverage of the relevant terrain draws on social and legal history, and also on the current wealth of economic studies across the range of such pressing issues as the following: – wages; – precarity of work; – employee representation; – health and safety; – job discrimination; – employee mobility; – privacy; – job displacement; – anti-retaliation; – wrongful dismissal; – accelerating use of automation, robotization, and computerization; – segmentation and polarization of the labor market; – ¬ ssurization of jobs; – labor segmentation and polarization; – union implosion; and – privatization of law. At a critical moment when the various strands of all these issues are becoming intertwined, this hugely informative book elucidates how labor law stands today in the United States, and by extension in many other countries. This book provides a necessary background for comparative engagement with economic change. Because the developments it deals with are global, this is critical reading for policy makers, academics, students, and an enlightened public to put what is happening in larger historical context as seen from the paradigm neoliberal economy and its legal institutions.
Author: Roger Blanpain Publisher: Kluwer Law International B.V. ISBN: 9041134603 Category : Law Languages : en Pages : 122
Book Description
"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.
Author: Roger Blanpain Publisher: Kluwer Law International B.V. ISBN: 9041144714 Category : Law Languages : en Pages : 300
Book Description
In Europe, work has long been a symbol of full citizenship and today work is a fundamental goal of European social policy. However, although every person has the ‘right’ to work, it is becoming clearer all the time that unemployment is not due merely to a lack of encouragement to exercise this right, but (at least in part) to some deeper defects in the implementation of effective employment policies. As a contribution to defining the nature of these problems this important collection of essays targets the phenomena of multilevel governance, both vertical (European, national, regional, local) and horizontal (administrative institutions, trade unions, business representatives, NGOs), showing, with detailed analysis and data, how coordination or conflict between the various levels advances, or fails to advance, the goals of employment policy. Regarding the EU, five EU Member States are examined– plus, for comparative analysis, the parallel Canadian federal model – with the authors addressing such concrete issues as: the impact of globalisation and Europeanisation on employment policies; distribution of tasks in the Open Method of Coordination (OMC); involvement of private and economic agents; the increasing significance of international political agents; flexicurity as an employment strategy; the difficulty of integrating the excluded; coordination with education and fiscal policies; social inclusion from the point of view of international human rights; and gender ‘mainstreaming’ as a weakening of the EU guarantee of gender equality. The essays originated in a research meeting held at the Instituto Internacional de Sociología Jurídica at Oñati (Spain) in June of 2007. Some of the contributors, all employment law experts, discuss problematic aspects of the European Employment Strategy (EES) and its influence on the decentralization of employment policies and related elements of social protection. Other authors concentrate on ‘built-in’ multilevel problems resulting from existing constitutional and administrative structures, while a third group focuses on substantive approaches to employment policies within individual member states. The Bulletin contains updated versions of all papers. In this book the degree of administrative, legal, political, and cultural intricacy involved in a serious engagement with multilevel governance of employment on the European model is put on full view. As a deeply informed analysis of how the idea of multilevel governance has played out within the political and administrative reality of Member States, the book will prove of enormous value to labour and employment law professionals anywhere, as the problems identified here have a global reach.
Author: Charalampos Stylogiannis Publisher: Kluwer Law International B.V. ISBN: 9403506873 Category : Law Languages : en Pages : 305
Book Description
Platform work arrangements are often defended as an expression of technological progress with the potential to enable people to work as self-employed individuals, often without any supervision or control. However, by now, it is well-documented that platform work not only shares important features of flexibility and precariousness with other casual work arrangements that are on the rise around the world, but it also entails the risk of excluding a significant portion of workers from the protection of fundamental collective labour rights, including their coverage from collective agreements. In this important and timely book, the author shows how a human rights-based approach (HRBA) towards collective labour rights can bridge this protection gap. Such an approach identifies workers, regardless of their employment status, as rights-holders that are entitled to rights, like the right to collective bargaining, derived from international human rights and labour rights instruments. Fully describing the phenomenon of platform work as well as presenting a detailed global overview of responses related to the challenges stemming from platform work arrangements, the research, inter alia, covers aspects, such as the following: problems, challenges, and questions related to platform work arrangements, and how those are linked to broader labour market trends; platform work’s deeper foundational implications for labour law; legal developments related to the regulation of platform work with an assessment of their limits when it comes to collective labour rights, also recognised as human rights; various ways in which platform workers and other atypical workers have managed to exercise their collective labour rights; and promising indications of closer cooperation between organised labour and workers in non-standard forms of employment. The analysis draws on international human rights and labour rights treaties and conventions, domestic legislation and regulations, rulings from international and national courts, and interpretative and authoritative sources including the relevant legal literature. The book manifests and responds to a genuine need for in-depth research with respect to the protection of the human rights of platform workers with an analytical framework that will ensure their adequate protection. Its crucial observations will be welcomed by practitioners in labour law, human rights law, and competition law, as well as by academics, human resources professionals, and labour and employment policymakers.
Author: Frank Hendrickx Publisher: Kluwer Law International B.V. ISBN: 9403531665 Category : Law Languages : en Pages : 668
Book Description
The right to privacy is a fundamental right. Along with the related right to personal data protection, it has come to take a central place in contemporary employment relations and shows significant relevance for the future of work. This thoroughly researched volume, which offers insightful essays by leading European academics and policymakers in labour and employment law, is the first to present a thoroughly up-to-date Europe-wide survey and analysis of the intensive and growing interaction of workplace relations systems with developments in privacy law. With abundant reference to the EU’s General Data Protection Regulation, the case law of the European Court of Human Rights, and the work of the International Labour Organisation, the book proceeds as a series of country chapters, each by a recognised expert in a specific jurisdiction. Legal comparison is based on a questionnaire circulated to the contributors in advance. Each country chapter addresses the national legal weight of such issues and topics as the following: interaction of privacy and data protection law; legitimacy, purpose limitation, and data minimisation; transparency; role of consent; artificial intelligence and automated decision-making; health-related data, including biometrics and psychological testing; monitoring and surveillance; and use of social media. A detailed introductory overview begins the volume. The research for this book is based on a dynamic methodology, founded in scientific desk research and expert networking. Recognising that the need for further guidance for privacy at work has been demonstrated by various European and international bodies, this book delivers a signal contribution to the field for social partners, practitioners, policymakers, scholars, and all other stakeholders working at the crossroads of privacy, data protection, and labour law.
Author: Roger Blanpain
Author: Roger Blanpain
Author: Roger Blanpain
Author: Roger Blanpain
Author: Blanpain
Author: Oana ?tefan
Author: Matthew W. Finkin
Author: Roger Blanpain
Author: Roger Blanpain
Author: Charalampos Stylogiannis
Author: Frank Hendrickx