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Droit Social Et Travailleurs Pauvres
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Author : Philippe Auvergnon
language : fr
Publisher: Primento
Release Date : 2013-10-09
Droit Social Et Travailleurs Pauvres written by Philippe Auvergnon and has been published by Primento this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-10-09 with Law categories.
Les premières lois sociales apparaissent en Europe au 19e siècle à la suite de la révolution industrielle. Elles constituent alors une réponse ponctuelle à la misère des travailleurs. Elles résultent indéniablement de l’action ouvrière, mais aussi du souci des classes dirigeantes de maîtriser les classes laborieuses devenues dangereuses. L’invention du droit social, va contribuer au cours du 20e siècle à la disparition des « travailleurs pauvres ». En revanche, ce début de 21e siècle est marqué par leur augmentation dans un bon nombre de pays. Des personnes ayant une activité, généralement salariées, y ont un revenu familial inférieur au seuil de pauvreté et sont dans l’incapacité d’accéder à certains droits fondamentaux, alors même qu’existent des droits du travail et de la protection sociale substantiels, des réglementations, des statuts d’emploi, des salaires minima légaux et/ou conventionnels. Comment le droit social et les politiques publiques permettent-ils ou limitent-t-ils l’existence de « travailleurs pauvres » ? Intégrant l’éclairage d’autres disciplines et des points de vue internationaux, cet ouvrage réunit et croise les analyses de spécialistes reconnus de droit social de pays d’Europe mais aussi d’Afrique du sud, d’Australie, du Canada, des États-Unis et du Japon. Dans un contexte d’accentuation de la concurrence économique et sociale, d’individualisation des relations de travail, d’affaiblissement des organisations syndicales, cet ouvrage rappelle l’importance de normes de droit social protégeant réellement la qualité de la vie de tous les travailleurs. Il intéressera les responsables économiques et sociaux, les praticiens du droit social et les professeurs et chercheurs en droit social et en droit européen.
International Labour Review
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Author : Organisation internationale du travail, Bureau international du travail
language : en
Publisher: International Labour Organization
Release Date :
International Labour Review written by Organisation internationale du travail, Bureau international du travail and has been published by International Labour Organization this book supported file pdf, txt, epub, kindle and other format this book has been release on with categories.
Le Droit Social Num Rique
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Author : Bettina Kahil-Wolff Hummer
language : fr
Publisher: Stämpfli Verlag
Release Date : 2018-07-25
Le Droit Social Num Rique written by Bettina Kahil-Wolff Hummer and has been published by Stämpfli Verlag this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-07-25 with Law categories.
Les services offerts sur Internet se multiplient, les questions que ceux-ci évoquent aussi : comment qualifier l'activité déployée et le revenu, quelles sont les responsabilités engagées et selon quel mode s'assurer ? L'ouvrage réunit les travaux d'une journée d'étude tenue à l'Université de Lausanne en 2017 consacrée à ces thématiques. La distinction entre travail dépendant et indépendant est abordée dans une perspective comparatiste, en focalisant sur les entreprises technologiques qui exploitent des applications mobiles. Les interconnexions entre l'économie collaborative et les assurances privées sont passées au crible et les responsabilités des différents acteurs examinées. Le livre inclut le nouveau régime social belge consacré à l'économie collaborative, propose une solution de lege ferenda pour l'Union européenne et démontre que le droit fiscal est confronté à des défis semblables que ceux qui occupent le législateur social.
Labour Law And Social Progress
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Author : Roger Blanpain
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-22
Labour Law And Social Progress written by Roger Blanpain and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-22 with Law categories.
For forty years the international watchword has been deregulation of labour law and of social security. Now, however, the rise in unemployment and lack of employment security, the dizzying inequality gulf, and the environmental disasters and mass migrations caused by this deregulation are generating an impetus that defines social justice no longer merely in terms of the equitable distribution of resources, but also – and often primarily – in terms of the just recognition of persons. This collection of incisive essays recognizes that the growing interdependence of all of the people of the earth demands that labour rights are understood as an aspect of human rights, and thus envisaged at the international level. Contributions by twenty outstanding labour law scholars from a range of countries worldwide provide in-depth analysis of such aspects of the debate as the following: – collective action in the interests of market effectiveness as well as fair outcomes for workers; - right to strike; - resilience of trade unions and collective bargaining as mechanisms of labour market regulation; - importance of national policy, despite the influence of global market forces, in shaping national outcomes; - work as the locus of the relationship between humans and nature; - search for a legal foundation for corporate social responsibility; - litigation as an alternative to collective bargaining; - the role of collective labour relations for immigrants and disabled people; - lessons that developed countries could learn from mechanisms pioneered in developing countries in coping with conditions of austerity; and - the trap of soft law and of declarations of intent that weigh lightly in the face of the power of the interests at play in international trade. The essays take stock of the dimensions of the current situation and also explore paths leading to a better achievement of social justice in labour law. These essays recognize that economic development and the pursuit of social justice are interwoven in a quest for social progress that includes mechanisms designed to eliminate unjustifiable inequality. For lawyers and other parties committed to the emerging political will to not only respect fundamental rights, but more broadly improve labour and environmental protection, this book opens abundant avenues that can be pursued in practice and in policy. The volume is based on a selection of papers presented at the 21st World Congress of the International Society for Labour and Social Security Law in Cape Town in 2015.
Social Regionalism In The Global Economy
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Author : Adelle Blackett
language : en
Publisher: Routledge
Release Date : 2010-12-20
Social Regionalism In The Global Economy written by Adelle Blackett and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-20 with Business & Economics categories.
Regional trade agreements have expanded exponentially over the past decade, and have become a significant, if controversial, factor in the expanse of economic globalization. Social Regionalism in the Global Economy attempts to take a fresh, interdisciplinary approach to addressing labour regulation by drawing upon insights from industrial relations, comparative capitalism, and new governance schools of thought. It stands for the proposition that an interdisciplinary study of regional regulation holds the potential to offer a fuller account of social regionalism. Its focus is to consider how institutions and labour market actors reconstruct and renegotiate regulatory space in a changing economic environment characterized by regional impulses. It argues that there is a dynamic interplay between institutions and actors of social regulation. This interplay occurs at many levels. The book therefore maps both how actors shape institutions as well as how institutions shape social actors’ ability to affect regulatory processes. The editors bring together leading international specialists willing to move beyond textual analyses of regional agreements to offer alternative accounts of regional integration. The work emphasizes that institutional context and social actors at multiple governance levels are integral to the progressive construction and regulation of regional space. It further contributes to the literature by combining insights from overlooked regional entities in transition and developing countries with original analyses from the European Union and the NAFTA. These aims will be achieved by combining original research that is empirically grounded with theoretically informed analysis.
The Protection Of Working Relationships
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Author : Frans Pennings
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
The Protection Of Working Relationships written by Frans Pennings and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Business & Economics categories.
In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related from a social policy point of view. In order to make a substantial contribution to the discussion on these developments a group of noted European labour law scholars has undertaken the research assembled in this book, recommending labour law reforms based on a close examination of existing conditions. The eight authors analyse measures and legal instruments offered by the European Union and the ILO to cover persons performing personal work, as well as specific developments in Belgium, France, The Netherlands, Poland, Germany, and the United Kingdom. In each case they describe viable ways in which categories of persons not treated as employees can be brought under the protection of labour law and how the distinction between employees and self-employed can become more clear. In a concluding final Chapter comparative conclusions are drawn on the basis of this study and recommendations are given to the EU, the ILO and the individual Member States. Among the specific issues covered are the following: * redefining the subordination criterion; * the role of the courts; * determination of the contract of employment; * forms of labour involving more than two contracting parties (e.g., employment agency arrangements); * the legal position of temporary workers; * 'employee-like' persons, e.g., home-workers or commercial representatives; * the 'bogus' self-employed; * introduction and effect of legal presumptions in labour law and/or social security; * developing uniform criteria for the employment relationship; * criteria for identifying self-employed but economically-dependent workers; * extension of protection of labour law to persons other than employees or the self-employed; and * social rights applicable to all work contracts irrespective of their formal qualification; * floor of core rights. This study seriously contributes toward overcoming the reluctant and piecemeal measures commonly taken to extend the protection of the employment contract. Although the authors acknowledge the continuing tension between labour law protection and the need for a flexible workforce, they also recognize the positive effects of best practices that lead to more certainty, fewer disputes, and clear (but still flexible if necessary) agreements. The book will be warmly welcomed as a signal contribution to addressing what one labour law scholar has called 'the most important industrial relations issue of our time.'
The Civil Service In Europe
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Author : Karl-Peter Sommermann
language : en
Publisher: Taylor & Francis
Release Date : 2025-01-29
The Civil Service In Europe written by Karl-Peter Sommermann and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-01-29 with Law categories.
This book opens an often nationally focused field of research to a transnational, common European debate. It addresses the ongoing transformation of the civil service, examining its evolving landscape across Europe and exploring the intricate web of historical, social, and political influences that are shaping its current state and setting the future direction. Written by experts from different European countries, this book offers a transnational and interdisciplinary perspective on the civil service by combining legal analysis with insights from public management, political science, and sociology. It addresses the growing complexity of public administration tasks and the increasing requirements related to the qualification of civil servants, amidst global challenges such as climate change, migration, and technological progress. The book is structured to provide both a broad overview as well as in-depth analyses. It covers national developments, presents comparative studies, and tackles intersecting issues such as employment systems, non-discrimination and human rights, digitalisation, artificial intelligence, the fight against corruption, and administrative culture. It aims to identify common European standards and provide practical guidance for public service reforms. The volume will prove to be an indispensable resource for academics, practitioners, and policymakers concerned with public administration and governance. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.
Core And Contingent Work In The European Union
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Author : Edoardo Ales
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-02-23
Core And Contingent Work In The European Union written by Edoardo Ales and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-02-23 with Law categories.
Labour and social security law studies have addressed the topic of the decline of the standard employment relationship mainly from the point of view of the growing number of atypical relationships. Only a limited number of studies have examined the issue from the perspective of the differentiation between core and contingent work. Such an examination is necessary as the increase in contingent work leads to complicated legal questions which vary between European states depending on the type of contingent arrangements that have become most prevalent. This book analyses, using a comparative approach, these different types of contingency from a national and EU perspective touching on the work relationship from a labour as well as a social security point of view. The aim of the book is to identify and analyse those questions adopting an innovative approach and to put forward proposals for safeguarding social cohesion within undertakings and European society.
Questions De Droit Social
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Author : Fabienne Kéfer
language : fr
Publisher: Anthemis
Release Date : 2007
Questions De Droit Social written by Fabienne Kéfer and has been published by Anthemis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Labor laws and legislation categories.
The Many Concepts Of Social Justice In European Private Law
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Author : H. W. Micklitz
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011-11-01
The Many Concepts Of Social Justice In European Private Law written by H. W. Micklitz and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-01 with Law categories.
'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.