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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: Cynthia Estlund Publisher: Yale University Press ISBN: 0300124503 Category : Law Languages : en Pages : 320
Book Description
This original book seeks to shape current trends toward employer self-regulation into a new paradigm of workplace governance in which workers participate. The decline of collective bargaining and the parallel rise of employment law have left workers with an abundance of legal rights but no representation at work. Without representation, even workers' legal rights are often under-enforced. At the same time, however, many legal and social forces have pushed firms to self-regulate--to take on the task of realizing public norms through internal compliance structures. Cynthia Estlund argues that the trend toward self-regulation is here to stay, and that worker-friendly reformers should seek not to stop that trend but to steer it by securing for workers an effective voice within self-regulatory processes. If the law can be retooled to encourage forms of self-regulation in which workers participate, it can help both to promote public values and to revive workplace self-governance.
Author: Cynthia Estlund Publisher: Oxford University Press, USA ISBN: 0195158288 Category : Business & Economics Languages : en Pages : 253
Book Description
"Structure and rules are, in fact, central to the answer. Workplace interactions are constrained by economic power and necessity, and often by legal regulation. They exist far from the civic ideal of free and equal citizens voluntarily associating for shared ends. Yet it is the very involuntariness of these interactions that helps to make the often-troubled project of racial integration comparatively successful at work. People can be forced to get along - not without friction, but often with surprising success.".
Author: Omri Ben-Shahar Publisher: Princeton University Press ISBN: 0691161704 Category : Law Languages : en Pages : 239
Book Description
How mandated disclosure took over the regulatory landscape—and why it failed Perhaps no kind of regulation is more common or less useful than mandated disclosure—requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices? Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite. Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.
Author: Mary Graham Publisher: Brookings Institution Press ISBN: 0815732333 Category : Computers Languages : en Pages : 217
Book Description
In December 1999, the Institute of Medicine shocked the nation by reporting that as many as 98,000 Americans died each year from mistakes in hospitals--twice the number killed in auto accidents. Instead of strict rules and harsh penalties to reduce those risks, the Institute called for a system of standardized disclosure of medical errors. If it worked, it would create economic and political pressures for hospitals to improve their practices. Since the mid-1980s, Congress and state legislatures have approved scores of new disclosure laws to fight racial discrimination, reduce corruption, and improve services. The most ambitious systems aim to reduce risks in everyday life--risks from toxic pollution, contaminants in drinking water, nutrients in packaged foods, lead paint, workplace hazards, and SUV rollovers. Unlike traditional government warnings, they require corporations and other organizations to produce standardized factual information at regular intervals about risks they create. Legislated transparency has become a mainstream instrument of social policy. Mary Graham argues that these requirements represent a remarkable policy innovation. Enhanced by computers and the Internet, they are creating a new techno-populism--an optimistic conviction that information itself can improve the lives of ordinary citizens and encourage hospitals, manufacturers, food processors, banks, airlines, and other organizations to further public priorities. Drawing on detailed profiles of disclosure systems for toxic releases, nutritional labeling, and medical errors, Graham explains why the move toward greater transparency has flourished during a time of regulatory retrenchment and why corporations have often supported these massive raids on proprietary information. However, Democracy by Disclosure, sounds a cautionary note. Just as systems of financial disclosure have come under new scrutiny in the wake of Enron's collapse, systems of social disclosure deserve car
Author: Alan Manning Publisher: Princeton University Press ISBN: 1400850673 Category : Business & Economics Languages : en Pages : 414
Book Description
What happens if an employer cuts wages by one cent? Much of labor economics is built on the assumption that all the workers will quit immediately. Here, Alan Manning mounts a systematic challenge to the standard model of perfect competition. Monopsony in Motion stands apart by analyzing labor markets from the real-world perspective that employers have significant market (or monopsony) power over their workers. Arguing that this power derives from frictions in the labor market that make it time-consuming and costly for workers to change jobs, Manning re-examines much of labor economics based on this alternative and equally plausible assumption. The book addresses the theoretical implications of monopsony and presents a wealth of empirical evidence. Our understanding of the distribution of wages, unemployment, and human capital can all be improved by recognizing that employers have some monopsony power over their workers. Also considered are policy issues including the minimum wage, equal pay legislation, and caps on working hours. In a monopsonistic labor market, concludes Manning, the "free" market can no longer be sustained as an ideal and labor economists need to be more open-minded in their evaluation of labor market policies. Monopsony in Motion will represent for some a new fundamental text in the advanced study of labor economics, and for others, an invaluable alternative perspective that henceforth must be taken into account in any serious consideration of the subject.
Author: Angi M. Christensen Publisher: Elsevier ISBN: 0124172903 Category : Law Languages : en Pages : 465
Book Description
Forensic Anthropology: Current Methods and Practice—winner of a 2015 Textbook Excellence Award (Texty) from The Text and Academic Authors Association—approaches forensic anthropology through an innovative style using current practices and real case studies drawn from the varied experiences, backgrounds, and practices of working forensic anthropologists. This text guides the reader through all aspects of human remains recovery and forensic anthropological analysis, presenting principles at a level that is appropriate for those new to the field, while at the same time incorporating evolutionary, biomechanical, and other theoretical foundations for the features and phenomena encountered in forensic anthropological casework. Attention is focused primarily on the most recent and scientifically valid applications commonly employed by working forensic anthropologists. Readers will therefore learn about innovative techniques in the discipline, and aspiring practitioners will be prepared by understanding the necessary background needed to work in the field today. Instructors and students will find Forensic Anthropology: Current Methods and Practice comprehensive, practical, and relevant to the modern discipline of forensic anthropology. - Winner of a 2015 Most Promising New Textbook Award from the Text and Academic Authors Association - Focuses on modern methods, recent advances in research and technology, and current challenges in the science of forensic anthropology - Addresses issues of international relevance such as the role of forensic anthropology in mass disaster response and human rights investigations - Includes chapter summaries, topicoriented case studies, keywords, and reflective questions to increase active student learning
Author: Richard A. Epstein Publisher: Harvard University Press ISBN: 9780674308091 Category : Business & Economics Languages : en Pages : 980
Book Description
This controversial book presents a powerful argument for the repeal of anti-discrimination laws within the workplace. These laws--frequently justified as a means to protect individuals from race, sex, age, and disability discrimination--have been widely accepted by liberals and conservatives alike since the passing of the 1964 Civil Rights Act and are today deeply ingrained in our legal culture. Richard Epstein demonstrates that these laws set one group against another, impose limits on freedom of choice, undermine standards of merit and achievement, unleash bureaucratic excesses, mandate inefficient employment practices, and cause far more invidious discrimination than they prevent. Epstein urges a return to the common law principles of individual autonomy that permit all persons to improve their position through trade, contract, and bargain, free of government constraint. He advances both theoretical and empirical arguments to show that competitive markets outperform the current system of centralized control over labor markets. Forbidden Grounds has a broad philosophical, economic, and historical sweep. Epstein offers novel explanations for the rational use of discrimination, and he tests his theory against a historical backdrop that runs from the early Supreme Court decisions, such as Plessy v. Ferguson which legitimated Jim Crow, through the current controversies over race-norming and the 1991 Civil Rights Act. His discussion of sex discrimination contains a detailed examination of the laws on occupational qualifications, pensions, pregnancy, and sexual harassment. He also explains how the case for affirmative action is strengthened by the repeal of employment discrimination laws. He concludes the book by looking at the recent controversies regarding age and disability discrimination. Forbidden Grounds will capture the attention of lawyers, social scientists, policymakers, and employers, as well as all persons interested in the administration of this major
Author: Karen Orren Publisher: Cambridge University Press ISBN: 9780521422543 Category : History Languages : en Pages : 256
Book Description
Traditional theories of American political development depict the American state as a thoroughly liberal state from its very inception. In this book, first published in 1992, Karen Orren challenges that account by arguing that a remnant of ancient feudalism was, in fact, embedded in the American governmental system, in the form of the law of master and servant, and persisted until well into the twentieth century. The law of master and servant was, she reveals, incorporated in the US Constitution and administered from democratic politics. The fully legislative polity that defines the modern liberal state was achieved in America, Orren argues, only through the initiatives of the labor movement in the late nineteenth and early twentieth centuries, and was finally ushered in as part of the processes of collective bargaining instituted by the New Deal. This book represents a fundamental reinterpretation of constitutional change in the United States and of the role of American organized labor, which is shown to be a creator of liberalism, rather than a spoiler of socialism.
Author: Tamás Gyulavári
Author: Tamás Gyulavári
Author: Cynthia Estlund
Author: Cynthia Estlund
Author: Omri Ben-Shahar
Author: Mary Graham
Author: Alan Manning
Author: Angi M. Christensen
Author: Richard A. Epstein
Author: Karen Orren
Author: Felix S. Cohen