Transnational, European, and National Labour Relations

Transnational, European, and National Labour Relations PDF Author: Gerald G. Sander
Publisher: Springer
ISBN: 3319022199
Category : Law
Languages : en
Pages : 327

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Book Description
This book employs an innovative approach to explore the topic of flexicurity and related changes in the working world, the importance of which for the overall economic and social development is gradually being recognised. It focuses on the changing nature of work and its impact on EU law and national labour and social security laws. Though the transformation of regulatory and institutional frameworks of labour relations follows different patterns in different EU Member States, it is nevertheless a common phenomenon that offers an excellent opportunity for mutual learning experiences and comparing notes on best practices. Taking these ideas as a starting point, the book presents a collection of research on various aspects and implications of changing labour relations in the EU Member States. The opening chapters address the internal market dimension of the transformation of employment relations by investigating how social dumping, integration of migrant workers, and cross-border mergers influence national labour policies and laws. The book further analyses linguistic and terminological challenges in the field of labour law in the EU’s multi-lingual legal environment. Subsequent chapters cover various theoretical and practical issues, such as the impact of chain-liability regulatory models on the legal situation of workers in subcontracting networks, and modern work arrangements in the collaborative or ‘gig’ economy. Other chapters are dedicated to issues of jurisdiction and law applicable to individual employment contracts, as well as alternative resolution mechanisms in labour disputes. The next section offers fresh insights on and a critical overview of the well-known Danish and Dutch models of flexicurity, often cited as role models for reforms of labour markets in other EU Member States. Three individual chapters investigate specific aspects of flexicurity in Croatia, in terms of individual dismissals, life-long learning and the impact of non-standard employment on future pension entitlements. One paper explores temporary agency work in Germany as an important instrument of flexicurity, while another discusses various forms of work used in Slovenia in the context of flexibilization of work relations. Many challenges still lie ahead, and the primary aim of this book is to provide a solid basis for informed future discussions.

Transnational, European, and National Labour Relations

Transnational, European, and National Labour Relations PDF Author: Gerald G. Sander
Publisher: Springer
ISBN: 3319022199
Category : Law
Languages : en
Pages : 327

Get Book

Book Description
This book employs an innovative approach to explore the topic of flexicurity and related changes in the working world, the importance of which for the overall economic and social development is gradually being recognised. It focuses on the changing nature of work and its impact on EU law and national labour and social security laws. Though the transformation of regulatory and institutional frameworks of labour relations follows different patterns in different EU Member States, it is nevertheless a common phenomenon that offers an excellent opportunity for mutual learning experiences and comparing notes on best practices. Taking these ideas as a starting point, the book presents a collection of research on various aspects and implications of changing labour relations in the EU Member States. The opening chapters address the internal market dimension of the transformation of employment relations by investigating how social dumping, integration of migrant workers, and cross-border mergers influence national labour policies and laws. The book further analyses linguistic and terminological challenges in the field of labour law in the EU’s multi-lingual legal environment. Subsequent chapters cover various theoretical and practical issues, such as the impact of chain-liability regulatory models on the legal situation of workers in subcontracting networks, and modern work arrangements in the collaborative or ‘gig’ economy. Other chapters are dedicated to issues of jurisdiction and law applicable to individual employment contracts, as well as alternative resolution mechanisms in labour disputes. The next section offers fresh insights on and a critical overview of the well-known Danish and Dutch models of flexicurity, often cited as role models for reforms of labour markets in other EU Member States. Three individual chapters investigate specific aspects of flexicurity in Croatia, in terms of individual dismissals, life-long learning and the impact of non-standard employment on future pension entitlements. One paper explores temporary agency work in Germany as an important instrument of flexicurity, while another discusses various forms of work used in Slovenia in the context of flexibilization of work relations. Many challenges still lie ahead, and the primary aim of this book is to provide a solid basis for informed future discussions.

EU Industrial Relations v. National Industrial Relations

EU Industrial Relations v. National Industrial Relations PDF Author: Mia Ronnmar
Publisher: Kluwer Law International B.V.
ISBN: 9041145281
Category : Law
Languages : en
Pages : 358

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Book Description
The relationship between the national and international has been central in the debate on the impact of globalisation on national patterns of employment relations. While some industrial relations researchers in recent years have put forward evidence not of convergence, but rather of continuing national diversity in employment relations, others see a complex power-sharing interplay emerging for which Europe is the laboratory. This ground-breaking book asks: Do EU or European industrial relations exist? What characterises EU industrial relations and their development? What are the differences between EU industrial relations and national industrial relations? Twelve outstanding authorities from seven countries discuss the theme from a variety of perspectives. Originally presented at an international and interdisciplinary research workshop held at the Faculty of Law at Lund University in November 2007, the essays probe a range of highly topical and important legal and industrial relations issues and developments, including the implications of the epochal and much-debated Laval and Viking cases from the European Court of Justice. The focus is on the EU dimension of industrial relations, common to the Member States, and not on comparative European industrial relations. The authors raise and discuss such crucial issues as the following: the power relationship and interactions between the social partners within the framework of the social dialogue; growing problems of posting of workers, low wage competition, and ‘social dumping’; approaches to creating an EU legal framework for transnational collective agreements; the right to take industrial action in order to achieve collective agreements; the fundamental asymmetry between the scope of action of players in companies and territories affected by restructurings; information, consultation and worker participation; potential benefits of increased tripartite co-operation between the social partners and governments; compatibility of the Swedish or Nordic system with the four freedoms and its eligibility as a European model; and issues of private international law arising from collective actions with transnational implications. An appendix includes relevant EC legislation and the ECJ opinions in Laval and Viking. EU Industrial Relations vs National Industrial Relations explores an emerging and still inchoate realm of law that is heavily fraught with implications for the near future of social relations, not only in Europe but worldwide. Labour lawyers and policymakers will greatly appreciate its precise stocktaking, its insightful analysis, and its well-informed recommendations on how to proceed in the realm of practical law.

Posted Work in the European Union

Posted Work in the European Union PDF Author: Jens Arnholtz
Publisher: Routledge
ISBN: 0429632258
Category : Business & Economics
Languages : en
Pages : 233

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Book Description
Focusing on posting of workers, where workers employed in one country are send to work in another country, this edited volume is at the nexus of industrial relations and European Union studies. The central aim is to understand how the regulatory regime of worker "posting" is driving institutional changes to national industrial relations systems. In the introduction, the editors develop a framework for understanding the relationship of supra-national EU regulation, transnational actors and national industrial relations systems, which we then apply in the empirical chapters. This unique volume brings together scholars from diverse academic fields, all of whom are experts on the topic of "worker posting." The book examines different aspects of the posting debate, including the interactions of actors such as labour inspectorates, trade unions, European legal/political regulators, manpower firms, transnational subcontractors and posted workers. The main objective of this book is to explore the dynamics of institutional change, by showing how trans- and supra-national dynamics affect European industrial relations systems. This volume will represent the "state of the art" in research on worker posting. It will also contribute to debates on European integration, social dumping, labour market dualization and precariousness and will be of value to those with an interest employment relations, law and regulation.

Challenges of European Employment Relations

Challenges of European Employment Relations PDF Author: Linda Dickens
Publisher: Kluwer Law International B.V.
ISBN: 9041127712
Category : Law
Languages : en
Pages : 285

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Book Description
Has European economic and market integration curtailed the autonomy of national industrial relations actors and institutions? Or has it reinforced their roles in securing much-needed economic adjustment? This important book offers a deeply-informed comparative perspective on these questions, drawing on empirical research on changing conditions within and beyond the EU. The book builds on papers presented at the 8th European Regional Congress of the International Industrial Relations Association, held in the UK in September 2007. The authors are leading academic authorities from Austria, Belgium, Canada, Denmark, Germany, The Netherlands, Norway, Spain, and the United Kingdom. With detailed attention to such pervasive factors as the consequences of EU enlargement, the shift from manufacturing to services, changes in the gender composition and demographic profile of the labour force, and the growing influence of multinational companies, the authors address such issues as the following: * response of national employment regulatory traditions to globalization, privatization, outsourcing and budgetary pressures; emergence of new forms of competitive advantage for both employers and employees; impact of EU-mandated information and consultation mechanisms; possibility of international union action and transnational solidarity; 'flexicurity' and the changing demographics of the labour force; gender democracy in trade unions; trade union mergers; statutory minimum conditions as an alternative to collective bargaining; regulation or culture change to promote equality; treatment of posted and migrant workers within increasingly transnational labour markets; growth in variable pay systems; and possible rebirth of vocational training systems and apprenticeships. Offering in-depth comparative insights into the way in which national and international systems of employment relations are evolving rapidly in the face of cross-cutting pressures for change, this book illuminates a vastly complex state of affairs. In practical terms, its many insights into how current trends affect specific working conditions open the way to new initiatives in developing and maintaining a just and equitable employment relations regime for Europe and beyond.

Transnational Collective Bargaining at Company Level

Transnational Collective Bargaining at Company Level PDF Author: Isabelle Schömann, Romuald Jagodzinski ,Guido Boni, Stefan Clauwaert, Vera Glassner and Teun Jaspers
Publisher: ETUI
ISBN: 2874522775
Category : Collective bargaining
Languages : en
Pages : 274

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Book Description
Transnational collective bargaining (TCB) has become a ‘hot’ topic of European industrial relations. As well as collective bargaining between workers and employers conducted at the sectoral or national level, negotiations on employee rights and working conditions now also take place at the supranational level, within multinational companies. It is a development that poses major challenges for trade unions, as well as for employers and lawmakers. This book takes stock of the particular challenges faced by trade union representatives, works councils and employer organisations; it reviews the existing literature on this topic and examines contrasting views of the prospects for subsequent development of this new practice; it also offers some practical suggestions for policymakers who find themselves having to deal with this new component of the Europeanisation of industrial relations. One of the key questions tackled in the book is whether a regulatory framework for TCB is feasible, necessary and/or useful. Perhaps even more importantly: can we, given the proliferation of instances of TCB, actually manage without such a legal system, and what should be the main elements of such a framework? By providing a better understanding and a critical analysis of the emergence and development of transnational collective bargaining, the authors of this book offer valuable help to trade unionists and practitioners in preparing for – and being prepared for – this next stage in the internationalisation of industrial relations.

Social Responsibility in Labour Relations

Social Responsibility in Labour Relations PDF Author: Frans Pennings
Publisher: Kluwer Law International B.V.
ISBN: 9041127836
Category : Law
Languages : en
Pages : 578

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Book Description
Since 1945, socially moderated market economies have formed the cornerstone of the European socioeconomic model. Now, however due to powerful global economic, political and demographic tendencies tensions between social and economic interests and values are increasing. These developments create an urgent need for answers, actions and measures on the European level. This wide-ranging but focused collection of essays approaches this important trend from multiple perspectives. Compiled in honour of the major European labour law scholar Teun Jaspers, it encompasses a broad spectrum of analyses and insights by forty-one distinguished contributors from seven countries. Four major tensions are identified: between the European and national level, between fundamental rights and economic freedoms, between workers and employers, and between soft and hard law instruments. Throughout, a comparative approach is emphasized, not only within the EU but also between the EU and China and South Africa. Among the many topics covered are the following: relocation of labour to low-wage countries both within and outside the EU; conditions for tempering the excesses of the free labour market; the legal weight of voluntary standards such as codes of conduct; extending the scope of application of corporate social responsibility norms to transnational enterprises; pressure on national social law due to flexibilization, deregulation and individualization; contract termination protection; employability and training of employees; fixed-term work in the wake of the Mangold ruling; adjustment of working conditions for ill and disabled workers; right to strike; and restructuring of enterprises. In light of the Lisbon strategy, the authors address how the various tensions should be reconciled, especially in the context of the flexicurity approach. The book will be of great interest to academics and practitioners for its clear categorization of the issues which must be overcome when regulating employment and social policy in the context of todayand’s EU multilevel legal order. It pays detailed attention to the legal questions raised by emerging European labour and employment policies in respect of their specific materialization, the opportunities they offer, their feasibility, and the threats they pose to traditional workerand’s protection and, more generally, to traditional concepts of labour law.

Trade Union Cooperation in Europe

Trade Union Cooperation in Europe PDF Author: Bengt Furåker
Publisher: Springer Nature
ISBN: 3030387704
Category : Business & Economics
Languages : en
Pages : 165

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Book Description
This open access book discusses transnational trade union cooperation in Europe – its forms, focuses, conditions, and obstacles. It provides an overview of existing trade union cooperation and includes detailed analyses of two specific questions: the debates on statutory minimum wages and the Posting of Workers Directive. Drawing on empirical research, the authors take a comparative approach, considering national industrial relations regimes as well as individual sectors. With the ongoing processes of integration in Europe, it has become increasingly important for unions to cooperate with regard to employers and EU institutions. The authors illustrate the interconnections between national and European industrial relations, and explore the process of European integration in labour markets. Illustrating the potential for and difficulties involved in deepening trade union cooperation across Europe, this work is a vital read for trade unionists, researchers and students interested in European trade unionism and labour markets.

Transnational Industrial Relations

Transnational Industrial Relations PDF Author: Hans Gunter
Publisher: Springer
ISBN: 1349012912
Category : Business & Economics
Languages : en
Pages : 485

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Book Description


The Role of the State and Industrial Relations

The Role of the State and Industrial Relations PDF Author: Adalberto Perulli
Publisher: Kluwer Law International B.V.
ISBN: 9403506628
Category : Law
Languages : en
Pages : 393

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Book Description
The Role of the State and Industrial Relations Edited by Adalberto Perulli & Tiziano Treu The new era of industrial relations that has been stealthily changing the world of work in recent decades seems to have reached a stage where it can be systematically monitored and analyzed, in great part because the “creeping renationalization” that has been noted since the financial crisis of 2008 has reinvigorated state intervention in essential economic structures. The contributions in this unrivalled book provide important new perspectives on the many challenges inherent in the present and future of the relationship between industrial relations and the state. Analyzing industrial relations systems from international, supranational, European and national points of view—and with an interdisciplinary approach connecting labour law, commercial law, corporate governance and international law—this one-of-kind book examines such salient aspects of the subject as the following: cooperative versus conflictual industrial relations systems; phenomenon of constitutionalization of power by multinational enterprises; competitive, illiberal and protectionist patterns of state regulation; freedom of association and industrial relations; potential power of transnational collective bargaining; impact of worktime arrangements; role of European Works Councils; exemplary value of the German system of workers’ participation; and global framework agreements. Using a comparative approach (the European Union, France, Spain, Germany, Italy, Japan, China, the United States, Brazil, South Africa, India), the book reconstructs the general framework of global industrial relations, considering challenges and future prospects and proposing a new agenda for the state. Contributors include widely renowned professors of labour, commercial and international law, as well as experts from the International Labour Organization and the International Society for Labour and Social Security Law. The debate about industrial relations and the state in our globalized world is of major concern for practitioners in governments, companies, employers’ associations and trade unions, as well as for company managers, entrepreneurs, consultants, judges, human rights lawyers and academics interested in labour, industrial relations and social rights in European and international contexts.

Labour Law between Change and Tradition

Labour Law between Change and Tradition PDF Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
ISBN: 904114272X
Category : Law
Languages : en
Pages : 224

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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.