Game Changers in Labour Law


Book Description

The renowned international labour law scholars contributing to this incomparable volume use the term ‘game changers’ to refer to evolutions, concepts, ideas and challenges that are having, or have had, major impacts on how we must understand and approach labour law in today’s global economy. The volume derives from an international conference organized by the Institute for Labour Law at the University of Leuven, Belgium in November 2017. This initiative is pursued in the spirit and with the methods of the late Emeritus Professor Roger Blanpain (1932–2016), a great reformer who continuously searched for key challenges in the world of work and looked as far as possible into the future, engaging in critical reflection and rethinking the design of labour law. While seeking to identify the main game changers, the authors explore new pathways and answers which may help to understand and shape the future of work. This is the 100th of Kluwer’s Bulletin of Comparative Labour Relations, a series Professor Blanpain launched nearly fifty years ago. The contributors address, and reflect on, such vital issues and topics as the following: – the ‘gig’ economy; – core labour law values; – freedom of association; – non-standard employment; – the rise of the service sector; – employment and self-employment; – the European Pillar of Social Rights; – app-based work; – algorithms as controls in the workplace; – collective bargaining rights and the right to strike; – the role of temporary employment agencies; and – termination of the employment relationship. There are also chapters devoted to specific issues in France, Italy, the United Kingdom, Estonia, China and the United States. Roger Blanpain consistently reminded us that labour relations are power relations. Although this book shows that the power balance is tipped towards employers in today’s world, what is nevertheless very clear is that labour law can play a crucial role in re-enlivening equitable outcomes, fairness, decent work and social justice in our contemporary and future societies, and that academia can help to understand, guide and shape that future. For this reason, this book will be invaluable to professionals in labour relations, whether in the academic, policy or legal communities.




The Future of Work


Book Description

Studies in Employment and Social Policy Volume 56 Digitalization, far from being solely a technological issue, has broad implications in the social, labour, and economic spheres. It leads to dangers as well as to new chances for the workforce, and thus labour law must develop effective ways to both protect workers and allow them to profit from new technological developments. The most thorough book of its kind, this collection of expert essays provides an abundance of well-thought-out material for understanding the consequences of digitalization for the labour market and industrial relations. Recognizing that only an international perspective can make it possible to face the challenges of the present (and the future), renowned authorities from the International Labour Organization and the International Society for Labour and Social Security Law, as well as outstanding labour law professors, examine in depth such salient issues as the following: transformation of production systems; the spread of artificial intelligence; precariousness and exploitation in the gig economy; lessons learned from COVID-19; employment status of platform workers; new cross-border issues; rights to trade union association and collective bargaining; role of the State in the new digital labour market; and blurred lines between work and private life. Thanks to the international team of contributors, the issues are dealt with from a variety of overlapping perspectives and points of view, combining aspects of labour law, commercial law, corporate governance, and international law. Highlighting the need to adapt, especially through the right to training, work, and professionalism with respect to the new technological landscape, the book draws on legislative, judicial, and theoretical initiatives suggesting ways of responding positively to the requests for protection that arise in the new forms of production. A uniquely valuable tool for study and reflection for policymakers and academics, the book is also sure to be valued by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists who are interested in the issues of labour, industrial relations, and social rights in European and international contexts.




Industrial Relations in the Caribbean


Book Description

Reader intended to stimulate thinking about the future direction of national and regional labour policies, with a view to good governance in terms of participation, transparency, credibility and accountability. Includes case studies from a number of Caribbean countries as well as ILO contributions by S.J. Goolsarran on labour administration and social dialogue, and an extract from "Labour inspection: a guide to the profession", by W. von Richthofen.







Employment with a Human Face


Book Description

John W. Budd contends that the turbulence of the current workplace and the importance of work for individuals and society make it vitally important that employment be given "a human face." Contradicting the traditional view of the employment relationship as a purely economic transaction, with business wanting efficiency and workers wanting income, Budd argues that equity and voice are equally important objectives. The traditional narrow focus on efficiency must be balanced with employees' entitlement to fair treatment (equity) and the opportunity to have meaningful input into decisions (voice), he says. Only through a greater respect for these human concerns can broadly shared prosperity, respect for human dignity, and equal appreciation for the competing human rights of property and labor be achieved.Budd proposes a fresh set of objectives for modern democracies--efficiency, equity, and voice--and supports this new triad with an intellectual framework for analyzing employment institutions and practices. In the process, he draws on scholarship from industrial relations, law, political science, moral philosophy, theology, psychology, sociology, and economics, and advances debates over free markets, globalization, human rights, and ethics. He applies his framework to important employment-related topics, such as workplace governance, the New Deal industrial relations system, comparative industrial relations, labor union strategies, and globalization. These analyses create a foundation for reforming employment practices, social norms, and public policies. In the book's final chapter, Budd advocates the creation of the field of human resources and industrial relations and explores the wider implications of this renewed conceptualization of industrial relations.




Basic Guide to the National Labor Relations Act


Book Description




The Cambridge Handbook of U.S. Labor Law for the Twenty-First Century


Book Description

Over the last fifty years in the United States, unions have been in deep decline, while income and wealth inequality have grown. In this timely work, editors Richard Bales and Charlotte Garden - with a roster of thirty-five leading labor scholars - analyze these trends and show how they are linked. Designed to appeal to those being introduced to the field as well as experts seeking new insights, this book demonstrates how federal labor law is failing today's workers and disempowering unions; how union jobs pay better than nonunion jobs and help to increase the wages of even nonunion workers; and how, when union jobs vanish, the wage premium also vanishes. At the same time, the book offers a range of solutions, from the radical, such as a complete overhaul of federal labor law, to the incremental, including reforms that could be undertaken by federal agencies on their own.




The Changing Faces of Employment Relations


Book Description

The old certainties and structures of employment relations no longer exist. Compared with the 'golden age' of labour in the mid-twentieth century, work and employment are more precarious, employers are increasingly hostile to trade union negotiations, and the share of wages in national income is falling. Large-scale employers, in turn, are using sophisticated people-management techniques to motivate workers with person-centred, performance-driven and reward-based processes. Drawing on a range of international data, this comparative text demonstrates that whilst employment relations phenomena are nationally embedded, international market forces are compelling employers to compete in product markets by reducing labour costs, terms and conditions of employment, and job security for their workforces. In an age of transnational globalisation and free-market national economic policies, this textbook provides penetrating cross-national, cross-disciplinary and theoretical analyses of the changing structures of employment relations around the world. Key benefits: - Provides critical analyses of changing patterns of employment relations in the early twenty-first century, drawing upon global, comparative and theoretical perspectives. - Examines the changing faces of the subject in terms of academic disciplines, methodological underpinnings, and institutional, cultural and historic settings. - Integrates industrial relations literature with recent studies of the HRM paradigm.




The Changing Face of European Labour Law and Social Policy


Book Description

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.With its down-to-earth analysis of the current status of the 'floor of rights' in the European work environment, The Changing Face of European Labour Law and Social Policy will be of inestimable value to all practitioners and scholars seeking to improve the quality of life for Europe's working population and the quality of regulation at the disposal of those charged with confronting the new challenges to social policy resulting from the radical transformation of Europe's economy and society.




The Future of Labour Law


Book Description

This book, by an internationally distinguished group of scholars, examines the future of labour law from a wide variety of perspectives.