Comparative Labour Law and Industrial Relations


Book Description

Comparativism is no longer a purely academic exercise but has in creasingly become an urgent necessity for industrial relations and legal practitioners due to the growth of multinational enterprises and the impact of international and regional organisations aspiring to harmonise rules. The growing need for comprehensive, up-to-date and readily available information on labour law and industrial relations in different countries led to the publication of the International Encyclo paedia for Labour Law and Industrial Relations, in which more than 40 international and national monographs have thus far been published. This book on Comparative Labour Law and Industrial Relations goes a step further than the Encyclopaedia: some 15 of the 21 chapters pro vide comparative and integrated thematic treatment. They aim to describe the salient characteristics and trends in labour law and in dustrial relations in the contemporary world. Our work is, however, more than a set of papers written by individual authors. Twelve of the nineteen contributors, the associate editor, and the publisher were able to meet to discuss the chapters, carefully evaluating, reviewing and co-ordinating our collaborative efforts. The meeting was exceptionally informative and productive. It was sponsored by and took place at Insead (Fontainebleau) with the additional support of the Catholic University of Leuven and Kluwer Publishers. I thank them for their courtesy and assistance. The book is obviously not exhaustive so far as countries and topics are concerned.




The Future of the Employment Contract


Book Description

This analytical book examines how the common law of the employment contract is likely to evolve. Tracing the radical evolution of this area over the last 40 years, it explores how many of the changes in common law have been triggered by the judicial ‘discovery’ of the key attributes of the relationship. The author concludes that these key attributes of the contract, including the imbalance of power between employee and employer, are likely to remain the key driver for change.




Labour Laws and Global Trade


Book Description

This book provides a comprehensive analysis of the new methods of transnational labour regulation that are emerging in response to globalisation.




Whistleblowing at Work


Book Description

Whistleblowing has become a burning issue in contemporary society. When is whistleblowing appropriate? How is it best carried out? And how should managers and employers handle the issue? This book takes a look at whistleblowing at work taking a group of key occupation -- including the Health Service, Local Government, Accountancy and Education -- and from different points of view, including those of the employer, the trade unions and the employed. A whistleblower speaks for herself; advice is given on the whistleblower's best route; and the ethical issues are weighed and the legal situation set out. This book is invaluable to those concerned with employment, personnel, and human resource management; and to all those working in whistleblowing territory.




Labour Law


Book Description

Written by prominent UK labour lawyers, this textbook is comprehensive and engaging, with detailed commentary and integrated materials.




New Frontiers in Empirical Labour Law Research


Book Description

This edited collection draws together papers delivered at a symposium on New Frontiers in Empirical Labour Law Research held at the University of Cambridge in April 2014. It contains contributions from established and emerging experts across a range of disciplines (including employment relations, industrial psychology, sociology, economics and political science) to consider four broad themes: the case for empiricism in labour law; the potential for mixed methods; methodological possibilities and insights from other disciplines; and practical challenges and words of caution for those conducting empirical research. This collection seeks to cultivate confidence and competence in empirical methods among both established and young labour law scholars, through an intergenerational and interdisciplinary 'lessons learned' dialogue. It contributes to the broader debate regarding empirical research methods in labour law, and casts light on how empirical research can be conducted in highly contested fields to enhance labour law policy-making. This collection aims to inspire labour lawyers to embark upon new forms of empirical research, both to enrich their existing research projects, and to ask new research questions. It offers the first stage of a collaborative and interdisciplinary dialogue on empirical labour law research, to emphasise the importance of collaboration and intergenerational mentoring in building empirical capacity.




Platform Work Europe


Book Description

The book deals with the phenomenon of platform work and contains national reports (Belgium, France, Germany, Italy, the Netherlands, Spain and the United Kingdom), other more transversal reports dealing with the issue of fundamental (collective) workers' rights, as well as the applicable European legal framework. The idea of the book is to underline differences and similarities between the Member States' Systems and the UK System and to understand if there is a common ground of rights and protections for platform workers in the EU.







The Contract of Employment


Book Description

The contract of employment is the central legal institution of modern English employment law. It provides the foundation upon which most statutory employment rights are constructed; it provides a conduit for the implementation of norms negotiated in collective bargaining; and it continues to provide a contractual structure for the terms and conditions of employment for a significant proportion of the working population. The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment. The coverage of The Contract of Employment is unrivalled in its depth, detail and sophistication. The legal analysis is always informed by a keen sense of the modern labour market context of the contract of employment, and it is sensitive to contemporary challenges such as precariousness, the interaction with migration law, the role of legislation in the contract of employment, and the decline of collective bargaining. It will be the principal reference point for the practitioners, judges, and academics concerned with the contract of employment as a legal category, both nationally and internationally.




Nobody's Law


Book Description

Nobody’s Law shows how people – who are disappointed, disenchanted, and outraged about the justice system – gradually move away from law. Using detailed case studies and combining different theoretical perspectives, this book explores the legal consciousness of ordinary people, businessmen, and street-level bureaucrats in the Netherlands. The empirical research in this study tells an original and alternative narrative about the role of law in everyday life. While previous studies emphasize the law’s hegemony and argue that it’s ‘all over’, Hertogh shows that legal proliferation makes it harder for people to know, and subsequently identify with, the law. As a result, official law has become increasingly remote and irrelevant to many people. The central finding presented in this highly topical text is that these developments signal a process of ‘legal alienation’— a gradual and mundane process with potentially serious consequences for the legitimacy of law. A timely and original study, this book will be of particular interest to scholars in the fields of law and society, socio-legal studies and legal theory.