Drowning in Laws


Book Description

Since 1943, the lives of Brazilian working people and their employers have been governed by the Consolidation of Labor Laws (CLT). Seen as the end of an exclusively repressive approach, the CLT was long hailed as one of the world's most advanced bodies of social legislation. In Drowning in Laws, John D. French examines the juridical origins of the CLT and the role it played in the cultural and political formation of the Brazilian working class. Focusing on the relatively open political era known as the Populist Republic of 1945 to 1964, French illustrates the glaring contrast between the generosity of the CLT's legal promises and the meager justice meted out in workplaces, government ministries, and labor courts. He argues that the law, from the outset, was more an ideal than a set of enforceable regulations--there was no intention on the part of leaders and bureaucrats to actually practice what was promised, yet workers seized on the CLT's utopian premises while attacking its systemic flaws. In the end, French says, the labor laws became "real" in the workplace only to the extent that workers struggled to turn the imaginary ideal into reality.




A Poverty of Rights


Book Description

A Poverty of Rights examines the history of poor people's citizenship in Rio from the 1920s through the 1960s, the 20th-century period that most critically shaped urban development, social inequality, and the meaning of law and rights in modern Brazil.




One Hundred Years of Social Protection


Book Description

While the rise of social protection in the global North has been widely researched, we know little about the history of social protection in the global South. This volume investigates the experiences of four middle-income countries - Brazil, India, China and South Africa - from 1920 to 2020, analysing if, when, and how these countries articulated a concern about social issues and social cohesion. As the first in-depth study of the ideational foundations of social protection policies and programmes in these four countries, the contributions demonstrate that the social question was articulated in an increasingly inclusive way. The contributions identify the ideas, beliefs, and visions that underpinned the movement towards inclusion and social peace as well as counteracting doctrines. Drawing on perspectives from the sociology of knowledge, grounded theory, historiography, discourse analysis, and process tracing, the volume will be of interest to scholars across political science, sociology, political economy, history, area studies, and global studies, as well as development experts and policymakers.




Collective Agreements


Book Description

Collective bargaining involves a process of negotiation between one or more unions and an employer or employers' organisation(s). The outcome is a collective agreement that defines terms of employment - typically wages, working hours and in-work benefits. The agreement affords labour protection: minimum wages, regular earnings; limits on working hours and predictable work schedules; safe working environments; parental leave and sick leave; and a fair share in the benefits of increased productivity. The International Labour Organization (ILO) Collective Agreements Recommendation 1951 (No. 91) considers, where appropriate and having regard to national practice, that measures should be taken to extend the application of all or some provisions of a collective agreement to all employers and workers included wthin the domain of the agreement. The extension of a collective agreement generalises the terms and conditions of employment, agreed between organised firms and workers, represented through their association(s) and union(s), to the non-organised firms within a sector, occupation or territory. The collection of chapters in this volume are about the extension of collective agreements as an act of public policy.




Brazilian Commercial Law


Book Description

Brazil's power to attract international investors has become irresistible. Large-scale economic development, massive infrastructure projects, substantial agribusiness and commodities markets, and newly discovered oil and natural gas resources-combined with improvements in social standards and a consolidation of democratic institutions-have spearheaded the emergence of Brazil as a formidable global economy challenging the developed nations. This is the first book in English to provide a detailed guide to the ways into and around the Brazilian economy. Thirty seven leading Brazilian practitioners describe and interpret laws and regulations governing business set-up procedures, transactions, contracts, financing, taxation, securities, intellectual property, real estate, dispute resolution, environmental protection, labor, insolvency, competition, trade remedies, anti-corruption, private funds and insurance. They explore every issue likely to be important to investors, including the following: - competition, mergers and acquisitions, joint ventures; - contractual clauses, statutory requirements on specific agreements; - tax incentives available for infrastructure projects; - listing and offering requirements in capital and securities markets; - licensing, franchising, and other intellectual property agreements; - civil proceedings, arbitration, and the mechanisms of dispute resolution; - the structure of the Brazilian judiciary system; - rules on conflicts of law and competence of jurisdiction; - real property acquisition and development; - environmental liabilities; - forms of employment and employment contracts; - insolvency and bankruptcy proceedings; - trade remedy system; - anti-corruption legislation; - private equity, venture capital and investment funds; and - insurance and re-insurance. Taking the point of view of a commercial lawyer required to draft and negotiate agreements governed by Brazilian law, each author contributes particular expertise to this incomparable resource for potential and actual investors in Brazil and their counsel. Thoroughly up-to-date in its exploration and understanding of the legal transformations that are taking place in Brazil, this book will be invaluable to corporate lawyers, investors, academics, and policymakers interested in Brazil's role in the global economy.




Executory Contracts in Insolvency Law


Book Description

Executory Contracts in Insolvency Law offers a unique, comprehensive, and up-to-date transnational study of the topic, including an analysis of certain countries which have never previously been undertaken in English. Written by experts in the field, with extensive experience of both research and professional experience, this is a groundbreaking investigation into the philosophies and rationales behind the different policy choices adopted and implemented by a range of over 30 jurisdictions across the globe.




Work Ability Index


Book Description




Workplace Solutions for Childcare


Book Description

Covers childcare centres, vouchers, subsidies, out-of-school care, parental leave and flexible working.




The Indian Legal Profession in the Age of Globalization


Book Description

This book provides the first comprehensive analysis of the impact of globalization on the Indian legal profession. Employing a range of original data from twenty empirical studies, the book details the emergence of a new corporate legal sector in India including large and sophisticated law firms and in-house legal departments, as well as legal process outsourcing companies. As the book's authors document, this new corporate legal sector is reshaping other parts of the Indian legal profession, including legal education, the development of pro bono and corporate social responsibility, the regulation of legal services, and gender, communal, and professional hierarchies with the bar. Taken as a whole, the book will be of interest to academics, lawyers, and policymakers interested in the critical role that a rapidly globalizing legal profession is playing in the legal, political, and economic development of important emerging economies like India, and how these countries are integrating into the institutions of global governance and the overall global market for legal services.




Labor in Brazil


Book Description