This invaluable review focuses on employment law and labour protection issues that are central to understanding the complex development of private international law and its broadening challenges. The text also discusses timeless questions that reflect specific features and fundamental issues of this ever-changing subject area, whilst drawing attention to the broader regulatory framework and significant challenges to traditional approaches under way. This will be of great interest to both labour law and private international law scholars and practitioners who deal with cross-border work.
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Two Logics of Trade Union Representation
Organizing Matters demonstrates the interplay between two distinct logics of labour’s collective action: on the one hand, workers coming together, usually at their place of work, entrusting the union to represent their interests and, on the other hand, social bargaining in which the trade union constructs labour’s interests from the top down. The book investigates the tensions and potential complementarities between the two logics through the combination of a strong theoretical framework and an extensive qualitative case study of trade union organizing and recruitment in four countries – Austria, Germany, Israel and the Netherlands. These countries still utilize social-wide bargaining but find it necessary to draw and develop strategies transposed from Anglo-American countries in response to continuously declining membership.
The Challenge for Labour Law in Europe
Edited by Jeff Kenner, Izabela Florczak and Marta Otto
This discerning book provides a wide-ranging comparative analysis of the legal and social policy challenges posed by the spread of different forms of precarious work in Europe, with various social models in force and a growing ‘gig economy’ workforce. It not only considers the theoretical foundations of the concept of precarious work, but also offers invaluable insight into the potential methods of addressing this phenomenon through labour regulation and case law at EU and national level.
Edited by Janice R. Bellace and Beryl ter Haar
Inquisitive and diverse, this innovative Research Handbook explores the ways in which human rights apply to people at work, through national constitutional provisions, judicial decisions and the application of rights expressed in supranational instruments. Key topics include evaluation of the role of the ILO in developing and promoting internationally recognized labour rights, and the examination of the meaning of the obligation of business to respect human rights, considering the evolution from international soft law to incorporation in codes of conduct and the emerging requirement of due diligence.
Informal Work and Employee-like Workers
Edited by Mies Westerveld and Marius Olivier
All over the world countries face the challenge of inadequate social security coverage for workers without an employment contact. In countries of the global south, this phenomenon is a natural consequence of large informal economies. Countries in the global north increasingly witness the same issue, due to growing labour market flexibility (flex contracts, dependent self-employment, digitization of labour). In this book authors from both hemispheres exchange insights, experiments and practices with the intention of finding better ways to deal with the social security challenges facing workers.
The Case of Professional Baseball in the United States and Japan
This book examines labour regulation and labour mobility in two professional baseball leagues: Major League Baseball in the United States and Nippon Professional Baseball in Japan. Through vivid comparative study, Matt Nichol explores how each league internally regulates labour mobility and how this internal regulation engages with external regulation from the legislature, statutory authorities and the courts. This comparison of two highly restrictive labour markets utilizes regulatory theory and labour regulation and suggests a framework for a global player transfer system in baseball.
This comprehensive research review discusses an array of distinguished papers from within the sphere of comparative labour law, covering the subject’s most compelling and thought-provoking questions. Topics include the uses and limits of comparative labour law, the enforcement of labour rights and the methods of comparative labour. This review promises to be a useful research tool for scholars and practitioners, as well as a fascinating read for those interested in the field.
Grappling with Democracy
Workers, Collectivism and the Law offers a captivating historical account of worker democracy, from its beginnings in European guild systems to present-day labor unions, across the national legal systems of Germany, Sweden, the United Kingdom and the United States. Analysing these legal systems in light of a Habermasian concept of participatory democracy, Laura Carlson identifies ways to strengthen individual employee voice in claims against employers.
Ann L. Monotti
This research review discusses themes that arise at the points at which employment and intellectual property laws converge. Topics include historical perspectives on employee inventions; rationales for default rules; allocation of ownership of employee creation; restraints and employee mobility. The research review also discusses university approaches and issues.
Edited by Colin Fenwick and Valérie Van Goethem
This book offers a critical reflection on the operation and effects of labour regulation. It articulates the broad goals and extensive potential for it to contribute to inclusive development, while also considering the limits of some areas of regulation and governance.