Labour Before The Law

Author : Judy Fudge
Publisher : University of Toronto Press
ISBN 13 : 9780802037930
Total Pages : 422 pages
Book Rating : 4.33/5 ( download)

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Download or read book Labour Before the Law written by Judy Fudge and published by University of Toronto Press. This book was released on 2004-01-01 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking study of the relations between workers and the state, Judy Fudge and Eric Tucker examine the legal regulation of workers' collective action from 1900 to 1948. They analyze the strikes, violent confrontations, lockouts, union organizing drives, legislative initiatives, and major judicial decisions that transformed the labour relations regime of liberal voluntarism, which prevailed in the later part of the nineteenth century, into industrial voluntarism, whose centrepiece was Mackenzie King's Industrial Disputes Investigation Act of 1907. This period was marked by coercion and compromise, as workers organized and fought to extend their rights against the profit oriented owners of capital, while the state struggled to define a labour regime that contained industrial conflict. The authors then trace the conflicts that eventually produced the industrial pluralism that Canadians have known in more recent years. By 1948 a detailed set of legal rules and procedures had evolved and achieved a hegemonic status that no prior legal regime had even approached. This regime has become so central to our everyday thinking about labour relations that one might be forgiven for thinking that everything that came earlier was, truly, before the law. But, as Labour Before the Law demonstrates, workers who acted collectively prior to 1948 often found themselves before the law, whether appearing before a magistrate charged with causing a disturbance, facing a superior court judge to oppose an injunction, or in front of a board appointed pursuant to a statutory scheme that was investigating a labour dispute and making recommendations for its resolution. The book is simultaneously a history of law, aspects of the state, trade unions and labouring people, and their interaction within the broad and shifting terrain of political economy. The authors are attentive to regional differences and sectoral divergences, and they attempt to address the fragmentation of class experience.

Author : Hugh Collins
Publisher : Philosophical Foundations of L
ISBN 13 : 0198825277
Total Pages : 369 pages
Book Rating : 4.72/5 ( download)

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Download or read book Philosophical Foundations of Labour Law written by Hugh Collins and published by Philosophical Foundations of L. This book was released on 2019-02-12 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to explore the philosophical foundations of labour law in detail, including topics such as the meaning of work, the relationship between employee and employer, and the demands of justice in the workplace.

Author : Tamás Gyulavári
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403502045
Total Pages : 608 pages
Book Rating : 4.45/5 ( download)

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Download or read book The Sources of Labour Law written by Tamás Gyulavári and published by Kluwer Law International B.V.. This book was released on 2019-12-06 with total page 608 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

Author : Jean-Michel Servais
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041189386
Total Pages : 433 pages
Book Rating : 4.87/5 ( download)

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Download or read book International Labour Law written by Jean-Michel Servais and published by Kluwer Law International B.V.. This book was released on 2017-04-24 with total page 433 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one will deny that labour standards comprise a necessary framework for balanced economic and social development. Yet on a global level such balanced development has not occurred, despite the existence of a rigorous body of international labour law that has been active and growing for almost one hundred years. The implementation of this law devolves upon states; yet many states have failed to honour it. If we are to take serious steps toward a remedy for this situation, there is no better place to start than a thorough, well-researched survey and analysis of existing international labour law - its sources, its content, its historical development, and an informed consideration of the barriers to its full effectiveness. This book is exactly such a resource. It provides in-depth interpretation of the crucial International Labour Organisation (ILO) instruments - Constitution, conventions, declarations, resolutions, and recommendations - as well as such other sources of law as the OECD Guidelines for Multinational Enterprises and various model and actual corporate codes of conduct. Among the substantive areas of labour law covered in this book are the following: • the relationship between international labour law and economic competition • standards on industrial relations • collective bargaining and dispute settlement procedures • protection of trade unions • prohibitions on enforced and child labour • promotion of equal opportunity and treatment • time and rest provisions • wage determination and protection • occupational health and safety provisions • special issues on non-standard forms of employment • foreign and migrant workers • social security provisions • privacy protection The presentation demonstrates that these rules and standards offer invaluable benchmarks to governments, judiciaries, employers, and trade unions. The book's combination of detailed commentary and an overarching social policy will make it especially valuable to legislators, human resources managers, employers ́ organizations, trade unions, jurists, and academics concerned with the role of work in our globalized social system. This fifth edition of the book by Jean-Michel Servais analyses the potential of those standards in a globalized world, and the necessary evolution. It examines the actual implementation of those rules in the national context, comparing different experiences. It integrates the latest instruments. It examines the most recent public debates on labour regulation (dealing with health and security at work, personal data, minimum wages, social security, strikes, etc.), updates the bibliography and opens some perspectives for the future work of the global institutions.

Author : Frank Hendrickx
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041199543
Total Pages : 274 pages
Book Rating : 4.46/5 ( download)

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Download or read book Game Changers in Labour Law written by Frank Hendrickx and published by Kluwer Law International B.V.. This book was released on 2018-03-01 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Author : Jan Pichrt
Publisher : Kluwer Law International B.V.
ISBN 13 : 9403500948
Total Pages : 368 pages
Book Rating : 4.42/5 ( download)

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Download or read book Labour Law and Social Protection in a Globalized World written by Jan Pichrt and published by Kluwer Law International B.V.. This book was released on 2018-09-07 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of jobs and labour law standards achieved by employees in the past has been under pressure from neoliberalization forces for many years. The focused perspectives evident in this original collection of essays go a long way toward clearly de? ning where labour law and social security law must set their sights in order to preserve fair and productive employer-employee relations in the new world of work. Distinguished researchers study the changing realities confronting the labour market, in public policy as well as in industrial relations. Issues and topics include the following: – integration of immigrants into industrial relations; – the social situation of migrant workers; – new phenomena brought by the digital age; – temporary agency work; – harmonizing family and working lives; – sport and labour law; – the role of European Works Councils; and – social and labour reforms. Throughout this book, the contributors emphasize the changing role of the state and reform agendas. Although the central focus is on Europe, there is an abundance of comparative detail, allowing for global application. As a matchless, up-to-date overview and analysis of how new and emerging forms of employment and industrial relations impact employee security, this book will be warmly welcomed by practitioners, academics, and policymakers concerned with ensuring the persistence of fair and viable standards in labour and social security law.

Author : Otto Kahn-Freund
Publisher :
ISBN 13 :
Total Pages : 296 pages
Book Rating : 4.50/5 ( download)

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Download or read book Labour and the Law written by Otto Kahn-Freund and published by . This book was released on 1972 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Text of a series of lectures on the role of law and more particularly labour law in the labour relations system in the UK - examines the purposes and methods of collective bargaining, the observance of collective agreements, trade unions and the law, analyses the situation with regard to labour disputes and strikes before and under the industrial relations act and includes a comparison of systems in other countries. References.

Author : A. T. J. M. Jacobs
Publisher :
ISBN 13 : 9789041158932
Total Pages : 0 pages
Book Rating : 4.36/5 ( download)

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Download or read book Labour Law in the Netherlands written by A. T. J. M. Jacobs and published by . This book was released on 2015 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book was originally published as a monograph in the International encyclopaedia of laws/Labour law and industrial relations."

Author : LJB Hayes
Publisher : Springer
ISBN 13 : 1137492600
Total Pages : 237 pages
Book Rating : 4.09/5 ( download)

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Download or read book Stories of Care: A Labour of Law written by LJB Hayes and published by Springer. This book was released on 2017-05-10 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: Stories of Care: A Labour of Law is an interdisciplinary study of the interactions of law and labour that shape paid care work. Based on the experiences of homecare workers, this highly topical text unpicks doctrinal assumptions about class and gender to interrogate contemporary labour law. It demonstrates how the UK’s crisis in social care is connected to the gendered inadequacy of labour law and argues for transformative change to law at work. ‘Utterly compelling. Perhaps the best ever example in modern labour law scholarship of research-led recommendations.’ – Keith Ewing, Professor of Public Law, King’s College London ‘An important contribution to socio-legal research on care work and labour law.’ – Judy Fudge, Professor of Labour Law, University of Kent ‘Innovative and meticulous; merits a very wide readership.’ – Lizzie Barmes, Professor of Labour Law, Queen Mary University of London ‘A really important text which shows, through deep analysis of care workers’ stories, how badly undervalued their work is... It offers an excellent analysis.’ – Robin Allen QC, Cloisters Chambers ‘A rare and valuable insight into the lives and views of women who work in the little known world of homecare for rates of pay and conditions that shame our society.’ – David Brindle, Public Services Editor, The Guardian ‘Boundary-breaking ... an outstanding contribution to the growing field of feminist labour law scholarship.’ – Joanne Conaghan, Professor of Law, University of Bristol

Author : Manfred Weiss
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041127933
Total Pages : 278 pages
Book Rating : 4.38/5 ( download)

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Download or read book Labour Law and Industrial Relations in Germany written by Manfred Weiss and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour Law and Industrial Relations in Germany gives the reader a broad understanding of German labour law covering all important aspects. The book deals with the sources of labour law, individual employment relationships, collective bargaining, remuneration, working conditions, and dispute settlement.