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Enterprise And Social Rights

204,05€ + 10% CARD

 Globalization has led to growing labour fragmentation and widening of gaps in social protection. Although the enterprise is increasingly expected to be socially responsible, in actuality extreme worker inequalities and social dumping have become ubiquitous worldwide. This volume - the first to focus attention on the ‘theory of the firm’ as it reveals itself in today’s world from a multidisciplinary perspective - underscores the necessity to rebuild a new scientifically controlled paradigm that acknowledges and regulates the dimension of power in the functioning of the organization.In their contributed essays, nineteen renowned scholars in labour law and industrial relations rethink the firm, its conception, its value, and its regulation, analysing such aspects as the following: <ul><li>- labour-management relations issues that arise when companies go global but workers remain local;</li><li>- the firm as a social construction;</li><li>- the continuing necessity for collective bargaining;</li><li>- concealment of the employment relationship under the guise of self-employment; </li><li>- concealment of the real employer behind figureheads and shell companies;</li><li>- social welfare effects of outsourcing;</li><li>- the company’s interaction with the network of suppliers and with local education processes; </li><li>- determining who actually carries responsibility towards workers;</li><li>- overcoming companies’ drive to enter the global market in response to national regulation;</li><li>- realizing the notion of ‘duty of care’;</li><li>- mechanisms of participation of workers in the management of the enterprise; and</li><li>- the persistent limitations that women face in the workplace, even when worker participation is advocated.</li></ul>With attention to innovative developments in Germany, Italy, Japan, and other countries, analyses include case studies of specific companies as well as case law, in particular the European Court of Justice’s jurisprudence in matters of collective dismissals, seconded workers, and public contracts.In their head-on tackling of the fragmentation and blurring of social responsibility in enterprise organization, these important essays propose a view of the enterprise as a factor in a new ‘constitutionalisation’ of labour that shifts employment protection from single legal entities to the network’s economic activity, thus realigning the legal boundaries of the enterprise with its economic reality. As a compelling investigation of how a satisfactory implementation of labour standards in the fragmented enterprise can be guaranteed, this book will be studied by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists, and will be welcomed by academics and researchers in industrial relations and labour law.
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Sustainable Development, Global Trade And Social Rights

129,85€ + 10% CARD

 Three major fields of international law - trade, the environment, and human rights - have become inextricably intertwined in today’s world. A practitioner, policymaker, businessperson, or academic involved in any one of these fields must now be conversant with the other two. This groundbreaking book considers the crucial elements of this complex engagement, with eleven authoritative discussions by some of the most important and widely renowned professors of labor, commercial, and international law and experts from the International Labour Organization and the International Society for Labour and Social Security Law.Focusing primarily on the "social pillar" of sustainability, the authors cover such critical issues as the following:<ul><li>- the "creeping de-globalization" manifested by Brexit and US protectionist policies;</li><li>- new and renegotiated multilateral "mega" treaties;</li><li>- prospects for effectively codifying social responsibilities of multinational corporations;</li><li>- nexus of economic comparative advantage and excessive exploitation of natural resources;</li><li>- weak (or non-existent) enforcement of labor clauses in trade agreements;</li><li>- assessing and managing environmental and social risk in project finance; and</li><li>- stabilization clauses in state-investor agreements.</li></ul>An analysis of MERCOSUR serves as a revealing insight into the differences between trade agreements concluded among developing countries and those concluded among developed countries.A much-needed probing of the future of global trade in the light of a resurgence of economic nationalisms, this book takes a giant step towards a new consensus and cohesion phase in the international community where development policies, international business transactions, and social and environmental sustainability coexist harmoniously. It will be welcomed by practitioners, academics, and researchers in trade law, environmental law, and labor law, as well as by policymakers and businesspersons concerned with how these legal fields interact with economic justice.
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Decent Flexibility - Ilo-Convention 181 And The Regulation Of Agency Work

by Dr Fred C. A. Van Haasteren

197,43€ + 10% CARD

 Within the context of social law, temporary agency work has always been subject of debate. The pursuit of more flexible forms of labour is at odds with maintaining decent labour relations.For that reason, ever since it was established, the UN organisation for labour issues, ILO, has focused on private work placement. In its early years it tended to prohibit or severely restrict private work placement, but gradually it came to acknowledge that, for instance, temporary agency work had positive aspects, and that a total ban was pointless. In 1997, this culminated in ILO convention 181, which was widely supported.This did not end the debate on non-standards forms of paid work. Which forms of work can be considered decent? How do they relate to human rights? What are the effects of globalisation?In the European context, too, (cross-border) temporary agency work has attracted extensive attention. Lastly, the Netherlands has its own, unique form of public-private regulation.The guiding principle in this book is whether Convention 181 still has value in this day and age. What are the developments in temporary agency work in the social domain? How do they relate to the wide range of flexible work forms that are increasingly catching up with temporary agency work? Decent flexibility is the challenge.Dr Fred van Haasteren (1949) started his career as a scientific associate at the Society and Enterprise Foundation (SMO). From 1978 onward, he worked in the Dutch temporary agency sector. In 1982 he became a board member of Randstad Nederland; in 1991 he became Vice-President of Randstad Holding. Among other things, he was also President of the platform of European temporary agency employers and of the global temporary agency employer umbrella organisation CIETT. He is still a board member of the Dutch Labour Standards Foundation (SNA) and an independent member of the NCP OECD. The social policy pursued by temporary employment agencies has always been at the centre of his activities.
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Between Soft And Hard Law - The Impact Of International Social Security Standards On National Social Security Law

234,53€ + 10% CARD

 Whether or not we ever attain universal social justice, there can be little doubt that the international community has set meaningful standards, and that significant progress has been made over the last century. The leading standard-setter throughout this period has been the International Labour Organisation (ILO), with its nearly 200 conventions on labour law and social security law. Yet it is often asked: how effective are these standards? Do any lLO Member States actually offer (to quote the Philadelphia Declaration of the ILO Conference of 1944) social security measures to provide a basic income to all in need of such protection and comprehensive medical care? Perhaps not, but some come close, thanks to the application of ILO standards.This much-needed volume is the first detailed analysis of the legal meaning of ILO conventions within the ratifying Member States. In unprecedented depth a panel of distinguished authorities explores the role of ILO conventions in preparing and amending national legislation, in parliamentary debate, and in national case law. For comparative purposes, five countries the United Kingdom, France, Germany, Spain, and the Netherlands-are studied in depth. Among the points of discussion that arise are the following:<ul><li class=''copymedium''>the social dumping¿ that results from distortion of competition;</li><li class=''copymedium''>the lLO''s supervision procedures;</li><li class=''copymedium''>protection of international migrant workers;</li><li class=''copymedium''>temporary exceptions for developing countries; and</li><li class=''copymedium''>the possibility of rnodernising texts of older conventions.</li></ul>A useful annex reprints the texts of the ILO Constitution and the so-called up-to-date conventions pertaining to social security which are currently being promoted for ratification by the ILO.At a time when the very meaning of such terms as work and social security is being challenged by prevailing economic and political forces, this full-scale reappraisal of a body of international law that, although soft, has had a pronounced positive effect on the progress of social justice is to be welcomed. It is well worth the close attention of government policymakers and regulators, company lawyers, and interested academics everywhere.
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Changing Face Of European Labour Law And Social Policy

181,53€ + 10% CARD

 In the realm of European employment law, tension exists between the concepts of ¿economic policy¿ and ¿social policy.¿ During recent years, a growing tendency to emphasize the ¿economic¿ at the expense of the ¿social¿ can be discerned. What this trend gives us¿in the views of the leading figures in the field of European labour law and social policy whose considered analyses are presented in this volume¿is a regime of ¿grand declarations¿ about workers¿ rights, but with extremely limited enforcement potential. ,i>The Changing Face of European Labour Law and Social Policy presents some of the papers given at a series of colloquia sponsored by the Employment Law Research Unit at the University of Warwick in early 2002. In its assessment of the forces at work in European employment law today, these commentaries examine significant initiatives and issues, including: problems arising in the context of the Nice Charter; delivering ¿equality¿ at the workplace under the new EU legal framework; the crisis facing workers¿ participation in practice; the prospects for trans-national collective bargaining; employment-related aspects of human rights under the ECHR; and, attempts to establish effective protections in relation to the working environment.Invaluable appendices include a report, as presented by the late Marco Biagi, of a high level group on reform of the European labour market; the text of the Social Policy Agenda, as approved at the Nice Summit of 2000; and the Commission¿s ¿scoreboard¿ on the implementation of the Social Agenda as of 2002.
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Contractualism In Employment Services - A New Form Of Welfare State Governance

215,98€ + 10% CARD

 For the modern welfare state support for those who are `out of work through no fault of their own remains a foundation stone. Now, however, under pressure form market-driven ideology focused on business performance, its composition and the way support is delivered is in a state of flux. With the avowed objective of minimizing dependence on social benefits and increasing labour market efficiency, many national policies with varying degrees of thoroughness are shifting from a bureaucratic approach to some form of contract arrangement that demands a higher level of personal responsibility from the unemployed worker. The contractualisation process is usually administered through a `reintegration service that may be partly or wholly privatised. This remarkable book is the first comparative in-depth study of the process of contractualisation. It offers seventeen penetrating analyses, by leading labour market and labour law authorities, of recent policy initiatives to activate employment by contract and the implications of these initiatives from both legal and a socioeconomic perspective. Among the issue explored are the following: motivation, mobility, and flexibility in the labour market; effect of contractualisation on public accountability and responsibility; effect on the individual''s statutory relationship under social security; whether and to what extent the conditions on which one country successfully introduces contractualisation apply to other countries; and, the unemployed individual as `contract partner: what conditions can he or she set? The analyses focus on experience with contracts as service deliverance in the labour markets of eight countries: Australia, the United Kingdom, The Netherlands, Belgium, France, Germany, and Finland. Because a certain measure of experience has already been built up by governments, providers, and clients, now is the time to try and learn form good as well as bad practices in order to build coherent institutional frameworks to help the unemployed. This book is sure to bring insight and effectiveness to the work of professionals, officials, and politicians in this policy field, and will be of special practical value to labour law practitioners, academic researchers and libraries, trade unions, policymakers, and corporate counsel.
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Changing Institutional Face Of British Employment Relations

172,25€ + 10% CARD

 Employment protection in Britain, once seen as resting on collective bargaining supported by public policy, has increasingly come to be framed in terms of individual legal rights, enforceable before judicial forums such as employment tribunals. This dramatic shift towards juridification of the individual employment relationship has not only contributed towards significant changes to the institutional `landscape of employment relations in Britain, but also carries important implications for the future of employment law and regulation in `the home of collective bargaining. This comprehensive evaluation of current institutional reality and trends prepared to mark the 30th anniversary of the Advisory Conciliation and Arbitration Service (Acas) provides a unique look inside the key institutions of British employment relations. Each contributor leading academics and senior practitioners, all closely associated with particular institutions locates their institution in terms of purpose, origins, and context, discusses its structure, governance and composition, and assesses its operation, considering current challenges and future direction. In the course of examining issues relating to institutional choice and roles, the presentations offer contemporary views on the impact of decentralisation and the shrinking of collective bargaining, decline in trade union membership and strength, and the political effects of increasing global competition. The influence of EU social policy initiatives upon British legislative policy is identified, while attention is drawn to the consequences of an increased feminisation of the workforce, along with an increasing incidence of `non-standard workers and continuing service sector growth. Set alongside the evidence of decline in manufacturing, restructuring of the public sector, and the growth of the SME sector, this volume demonstrates the remarkable pressures for change which have impacted upon the institutions of British employment relations over the past thirty years. These essays offer an especially valuable mix of expert independent discussion along with personal insights gained from direct involvement in the operation of the key bodies. As a much-needed overview and basis for evaluation of the current institutional map of British employment relations, as well as a contemporary consideration of lessons to be drawn from the changing institutional face of employment relations in Britain, this book will be of inestimable value to policy-makers and practitioners in the field, as well as to students, academics, and more generally interested observers of the British experience.
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Social Quality: A Vision For Europe - A Vision For Europe

192,13€ + 10% CARD

 This volume represents the outcome of two years of intensive debate about the future of Europe. It aims to provide the European Union with a vision: one that will unite all of its citizens and help to create the democratic legitimacy that the EU currently lacks.
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Towards A European Model Of Industrial Relations? - Building On The First Report Of The European Commission

190,80€ + 10% CARD

 A social dialogue has been in progress concerning industrial relations on a European level. The publication of the first Report of the European Commission on Industrial Relations demonstrates that, rather than merely harmonizing regimes, EU policy is focusing on the pursuit of basic aims.
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What Future For Social Security? - Debates And Reforms In National And Cross-National Perspective

178,88€ + 10% CARD

 In this work, 15 authorities from nine different countries - the UK, the Netherlands, France, Germany, Spain, Denmark, Finland, Norway and the US - investigate the future of social security. The papers were originally presented at a conference held at the University of Stirling in June 2000.
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Legal Protection Of The Pregnant Worker In The European Community - Sex Equality, Thoughts Of Social And Economic Policy And Comparative Leaps To The United States Of America

by Petra Foubert

308,73€ + 10% CARD

 At the intersection of the private sphere of the household and the public sphere of the labour market and paid work lie four essential human realities: pregnancy, childbirth, breastfeeding, and childrearing. Do these factors make women unattractive as workers and cause them to be discriminated against in the labour market-place? This provocative study sets out to answer this question through an in-depth analysis of theory and actuality in the European Union, providing detailed analysis of EC legal measures and ECJ case law. The author''s very convincing conclusions are bolstered by a revealing comparison with similar legislation and jurisprudence in the United States.The focus of the study is on the relatively narrow area of sex discrimination, i.e., discrimination because of the biological factors of pregnancy, childbirth, and breastfeeding. The author demonstrates that an understanding of this specific and measurable kind of discrimination is the first step toward discrediting the wider category of gender discrimination, which penalizes women as full-time caregivers who cannot be relied upon as workers in the market-place. She examines numerous instances of unequal treatment on biological grounds, and in the process appraises the legal limits of accommodation of the biological di men and women.Drawing on a wealth of interdisciplinary sources, the primarily legal dimension of this study is securely underpinned by reference to scholarship in the historical, social and economic rationales for discriminatory attitudes toward pregnancy, childbirth, and breastfeeding. The resulting work is an insightful investigation of the possible reasons why, despite legislative and judicial initiatives, both Europe and America have failed in putting equality into practice for male and female workers. It is a profound study that promises to generate a new and deeper level of discourse on this central issue at what seems to be a turning point in the field of labour law.
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Quality Of Work And Employee Involvement In Europe

225,25€ + 10% CARD

 The 18 essays in this volume concentrate on the issues surrounding workers' participation, the area of industrial relations uppermost in Marco Biagi's thinking at the time of his assassination in March 2002.
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Dutch Social Security Law In An International Context

by Frans Pennings

204,05€ + 10% CARD

 More and more, social security systems influence each other: governments, policy makers and academics have become very interested in the way various social security systems approach particular problems. This text describes the Dutch system from an international perspective.
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Flexible Work Arrangements: Conceptualizations And International Experiences - Conceptualizations And International Experiences

274,28€ + 10% CARD

 In the world of work as it exists today, the old standards of fixed hours and location have been substantially weakened. Most employers, in fact, prefer to maintain a flexible system of work arrangements that gives them more control over rate of production, assignment of tasks and economic circumstances. The global development of these new and extensive conditions of employment - variously characterized as non-standard, alternative, peripheral, contingent, or atypical - has reached a point at which its significance for both employers and employees (as well as for society in general) can be fruitfully analyzed. Such analysis is the purpose of this book.Twenty-six scholars present findings from a wide range of national experiences, including those of Australia, Canada, Finland, Germany, Italy, The Netherlands, Sweden, the United Kingdom and the United States. Although the bulk of the study is empirical, the conceptual approach with which the book opens pervades the entire analysis, so that important questions such as the following are raised frequently in differing contexts:<ul><li>• Do organizations send mixed signals about flextime to their professional employees?</li><li>• What if anything compensates for the virtual elimination of ''slack time'' in the skilled labour market?</li><li>• Are flexible staffing arrangements inherently discriminatory?</li><li>• Do local managers tend to implement organizational strategic visions of good working life in a way that merely creates new compromises for their subordinates?</li><li>• How do non-permanent workers balance anxiety and freedom?</li><li>• Have flexible work arrangements affected traditional patterns of gender discrimination?</li><li>• Does ''non-standard'' often mean ''sub-standard''?</li></ul>Flexible Work Arrangements can be seen as a culmination of a trend among labour relations professionals that examines the effect of flexible work arrangements on individuals'' career, family, health and well-being, as well as effects on the workplace and the society. In its rigorous research and incisive comparative detail, it will be of great value to policymakers, employers and unions, as well as to scholars in the field.Flexible Work Arrangements is, in great part, the direct result of research findings presented at the European Regional Congress of the International Industrial Relations Association held at Oslo in June 2001.
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Social Security In Transition

190,80€ + 10% CARD

 This text analyses the forces affecting social security policy. It concludes that social security can no longer be viewed as a distinct theoretical entity, but must be considered in a broad context of social policy that encompasses employment, education, and health care.
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Changing Industrial Relations & Modernisation Of Labour Law - Liber Amicorum In Honour Of Professor Marco Biagi

249,10€ + 10% CARD

 Thirty-three distinguished authorities in the field of labour and industrial relations law gather here to enhance and complement the work of the late Marco Biagi, a man who, at the time of his violent and untimely death, had shown himself to be the most insightful and committed international scholar in this complex and controversial - and, as it proved, even dangerous - field.The topics covered range over many of Professor Biagi’s special interests, including the following:<ul><li>• the formulation of a new basis for labour law that could resolve new issues;</li><li>• employee protection in corporate restructuring;</li><li>• the trend toward individual "enterprise bargaining";</li><li>• a new European employment policy and what it might entail;</li><li>• the growing phenomenon of "flexibilisation";</li><li>• the effects of an aging workforce;</li><li>• the crucial nexus of free trade, labour, and human rights;</li><li>• the promise of EU enlargement; and</li><li>• protection of part-time workers.</li></ul>There is a lot of insight, innovation, and just clear thinking in this wide-ranging and far-reaching book. It will be of exceptional value to scholars, lawyers, and others concerned with the extensive and unpredictable changes under way in today’s world of work.
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Collective Agreements And Individual Contracts Of Employment

249,10€ + 10% CARD

 The papers reprinted here were presented at the 16th Congress of the International Academy of Comparative Law, held in 2002. Underlying issues of decentralization, minimum standards, decreasing unionization, unemployment and the growing individualization of the employment contract are covered.
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Transnational Labour Regulation: The Ilo And Ec Compared - The Ilo And Ec Compared

204,05€ + 10% CARD

 This text argues that the rules of the International Labour Organization (ILO) and those of the EC governing working time are examples of transnational labour regulation, and can be compared on that basis. This situation, it is claimed, weakens the status and authority of the ILO.
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Legal Perspectives On Equal Treatment And Non-Discrimination - Studies In Employment And Social Policy

261,03€ + 10% CARD

 Topics of discussion in this work include the following: indirect discrimination, defining the protected group, pregnancy discrimination, positive action, flexibilization of working life, rights of contract workers, and reasonable adjustments for workers with disabilities.
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Reform And Perspectives On Social Insurance: Lessons From The East And West - A Comparative Study Of Social Insurance In China, Eu, Germany, Great Britain, Japan, Sweden, Taiwan And The Usa

178,88€ + 10% CARD

 In this study, nine leading scholars probe deeply into the nature of social rights, trying to read the near future and locate the most meaningful and effective role that social insurance can play as today's new socioeconomic patterns develop.
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Decade Beyond Maastricht: The European Social Dialogue Revisited - The European Social Dialogue Revisited

160,33€ + 10% CARD

 Since Maastricht, there has been a concerted effort at the EU level to forge a fair and mutually responsible legal relationship between labour and management. This text focuses on what initiatives should now be taken to ensure a positive continuation of the trend toward greater social justice.
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Job Creation And Labour Law - From Protection Towards Pro-Action

by Prof. Marco Biagi

242,48€ + 10% CARD

 The rapid proliferation everywhere of non-standard work arrangements, and the dramatic transformation of labour markets that inevitably follows, raise crucial questions about the future of labour law in national and regional contexts. This book addresses such issues.
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Law And Industrial Relations: China And Japan After World War Ii - China And Japan After World War Ii

by Vai Io Lo

185,50€ + 10% CARD

 Through a comparative analysis of their trade union laws, this work analyzes the role of law in shaping postwar industrial relations in China and Japan and the interplay amongst such elements as the State or the Party, management, and workers.
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Ilo And The Social Challenges Of The 21st Century - The Geneva Lectures

166,95€ + 10% CARD

 This book contains the lectures given by prominent civil servants and representatives of the International Employers'' Association (IOE) and the International Confederation of Free Trade Unions to law students from various European countries at the occasion of their visit to the International Labour Organisation. The purpose of these lectures is to expand on the major problems the ILO, as the social conscience of the world, will be confronted with in the next century. These lectures open a panorama of worldwide trends, which will co-determine the future outlook of our societies.The Geneva lectures deal with the following important topics: the world of work; the informal economy; globalisation and the confrontation it involves; the future of the trade union movement; the role of the employer''s associations; the ILO Declaration on fundamental principles and rights at work (1998); child labour; international labour standards; and the codes of conduct of multinational enterprises.This collection gives the reader an insight into the world of tomorrow and how one of the leading international bodies can deal with its various aspects.
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