Enforceability Of Labor Law
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Enforceability Of Labor Law Evidence From A Labor Court In Mexico
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Author : David S. Kaplan
language : en
Publisher: World Bank Publications
Release Date : 2012
Enforceability Of Labor Law Evidence From A Labor Court In Mexico written by David S. Kaplan and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012 with categories.
The authors analyze lawsuits involving publicly-appointed lawyers in a labor court in Mexico to study how a rigid law is enforced. They show that, even after a judge has awarded something to a worker alleging unjust dismissal, the award goes uncollected 56 percent of the time. Workers who are dismissed after working more than seven years, however, do not leave these awards uncollected because their legally-mandated severance payments are larger. A simple theoretical model is used to generate predictions on how lawsuit outcomes should depend on the information available to the worker and on the worker's cost of collecting an award after trial, both of which are determined in part by the worker's lawyer. Differences in outcomes across lawyers are consistent with the hypothesis that firms take advantage both of workers who are poorly informed and of workers who find it more costly to collect an award after winning at trial.
Effective Enforcement Of Ec Labour Law
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Author : Jonas Malmberg
language : en
Publisher: Kluwer Law International
Release Date : 2003-01-01
Effective Enforcement Of Ec Labour Law written by Jonas Malmberg and has been published by Kluwer Law International this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with Law categories.
Effective Enforcement of EC Labour Law deals with the rules designed to enforce EC labour law directives in the workplace. Directives normally do not provide any specific rules on procedures and sanctions according to which the substantive rules of the directives are to be enforced. Instead, domestic rules shall apply. However, the European Court of Justice has developed some principles of enforcement that limit the autonomy of the Member States. The aim of this book is to analyse the meaning of the principle of effective enforcement developed by the Court in three areas of labour law: working time in the context of EU health and safety law; the restructuring of enterprises through collective redundancies and transfers of undertakings; and equality of opportunity between women and men. The principle of effective enforcement is analysed in the light of how labour law directives are enforced in France, Germany, Italy, the Netherlands, Sweden and the UK. The book also includes an analysis of regulations in Poland, which illustrates some of the challenges that candidate countries will face in joining the EU. Effective Enforcement of EC Labour Law is the result of collaboration between a group of labour law researchers from a number of European countries. The work has been co-ordinated by Jonas Malmberg, Associate Professor at the National Institute for Working Life, Stockholm, and Uppsala University.
Re Inventing Labour Law Enforcement
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Author : Louise Munkholm
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-04-30
Re Inventing Labour Law Enforcement written by Louise Munkholm and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-04-30 with Law categories.
This monograph investigates current issues in labour law enforcement from a socio-legal perspective. It analyses how local Italian enforcement actors promote the protection of workers in Prato – a city that in recent decades has seen a significant influx of Chinese migrants who run small workshops as part of the local clothing industry. Many of the Chinese firms in Prato fail to live up to core labour standards, such as maximum working hours, health and safety at work and payment of social security contributions. The book analyses the strategies and practices employed by three local enforcement actors (labour inspectors, labour unionists and a new type of labour law consultant) in their efforts to assist Chinese firms in improving their level of labour law compliance. Combining documentary, interview and observational data, the book applies theories of legal culture and legal development to address the interaction between law and society. It focuses on the operational aspects of law by asking three interrelated research questions: How do local enforcement actors promote the protection of workers in Chinese firms in Prato? Which tools are employed, and which rationalities drive the initiatives? The book thereby sheds light upon processes of legal cultural adaptation, informing ongoing international and national debates about what can actually be done to combat contemporary gaps in the protection of workers.
Effective Enforcement Of Eu Labour Law
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Author : Zane Rasnaca
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-08-11
Effective Enforcement Of Eu Labour Law written by Zane Rasnaca and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-08-11 with Law categories.
This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap. Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.
Labor Laws And Their Enforcement
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Author : Susan Myra Kingsbury
language : en
Publisher: Palala Press
Release Date : 2016-05-19
Labor Laws And Their Enforcement written by Susan Myra Kingsbury and has been published by Palala Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-05-19 with categories.
This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work.This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work.As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.
Making Employment Rights Effective
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Author : Linda Dickens
language : en
Publisher: Bloomsbury Publishing
Release Date : 2012-10-02
Making Employment Rights Effective written by Linda Dickens and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-10-02 with Law categories.
There has been an enormous expansion of individual employment rights in Britain but their practical impact in terms of delivering fairer workplaces can be questioned. Taking as its starting point the widespread acknowledgement of problems with the major enforcement mechanism, the Employment Tribunals, this collection brings together experts from law, sociology and employment relations to explore a range of alternative regulatory and non-regulatory approaches to enforcement and to securing compliance and to consider factors affecting variation in the extent to which legal rights have meaning and impact at the workplace. Thus this book addresses issues key to contemporary policy and academic debate. Chapters discuss the growth in employment rights and their enforcement mechanisms (Gillian Morris), problems with the employment tribunal system and the current and potential role of alternative dispute resolution (Linda Dickens); reflect on the long experience of enforcement of equality rights (Bob Hepple) and agency enforcement of health and safety legislation under the 'better regulation' agenda (Steve Tombs and David Whyte); evaluate the potential of various 'reflexive law' mechanisms, including corporate governance (Simon Deakin, Colm McLaughlin and Dominic Chai), and of procurement (Christopher McCrudden) as strategies for delivering fairness at the workplace. Factors influencing how statutory rights shape workplace practice are illuminated further in chapters on trade unions and individual legal rights (Trevor Colling), the management of employment rights (John Purcell) and regulation and small firms (Paul Edwards).The opening chapter (Dickens) makes the case for addressing issues of enforcement and compliance in terms of adverse treatment at work, while the final chapter (Dickens) considers why successive governments have been reluctant to act and outlines steps which might be taken - were there sufficient political will to do so - to help make employment rights effective in promoting fairer workplaces.
Labor Laws And Their Enforcement
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Author : Charles E. Persons
language : en
Publisher:
Release Date : 1911
Labor Laws And Their Enforcement written by Charles E. Persons and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1911 with categories.
Employment Law Update 2020 Edition
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Author : HENRY H. PERRITT (JR.)
language : en
Publisher: Wolters Kluwer
Release Date : 2020-03-14
Employment Law Update 2020 Edition written by HENRY H. PERRITT (JR.) and has been published by Wolters Kluwer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-14 with categories.
Employment Law Update, 2020 Edition analyzes recent developments of interest to employment law practitioners representing plaintiffs, defendants, and labor unions. It comprehensively covers recent developments and case law in the rapidly changing employment and labor law field. Comprised of 7 chapters - each written by an expert in employment law - this updated edition provides timely, incisive analysis of critical issues. Employment Law Update, 2020 Edition provides, where appropriate, checklists, forms, and guidance on strategic considerations for litigation and other forms of dispute resolution. Highlights of coverage in this 2020 Edition include: Analysis of the proliferating state and municipal ordinances and statutes requiring employers to adopt predictable schedules. Case law under the Americans With Disabilities Act involving employees or applicants for employment who claim that their inability to relate well to others constitutes a statutory mental disability that must be accommodated. How the acquiring firm in an acquisition and the surviving firm in a merger can improve the chances of retaining preferred employees, including the likely impact of various equity and option arrangements. The rapidly changing legal landscape for covenants not to compete, including a review of basic common-law concepts and the reach of new statutes that limit the enforceability of covenants in several states. The possibility that employer rules may constitute unfair labor practices under the National Labor Relations Act, under the doctrine of The Boeing Company case, which allows employers to avoid liability by offering justification for rules such as those prohibiting employee use of camera in the workplace. The controversy over political speech by professional athletes and the legal framework defining the rights of players, teams, and leagues, considering that the First Amendment does not apply to the non-state actors. Guidance to multinational employers on how to conduct an internal investigation without running afoul of widely differing national laws on privacy and other employee rights. Note: Online subscriptions are for three-month periods. Previous Edition: Employment Law Update, 2019 Edition ISBN 9781543808452
Labor Laws And Their Enforcement
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Author : Susan Myra Kingsbury
language : en
Publisher:
Release Date : 1971
Labor Laws And Their Enforcement written by Susan Myra Kingsbury and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1971 with Labor laws and legislation categories.
Enforceability Of Labor Law Evidence From A Labor Court In Mexico
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Author : David S. Kaplan
language : en
Publisher: World Bank Publications
Release Date : 2016
Enforceability Of Labor Law Evidence From A Labor Court In Mexico written by David S. Kaplan and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016 with categories.
The authors analyze lawsuits involving publicly-appointed lawyers in a labor court in Mexico to study how a rigid law is enforced. They show that, even after a judge has awarded something to a worker alleging unjust dismissal, the award goes uncollected 56 percent of the time. Workers who are dismissed after working more than seven years, however, do not leave these awards uncollected because their legally-mandated severance payments are larger. A simple theoretical model is used to generate predictions on how lawsuit outcomes should depend on the information available to the worker and on the worker's cost of collecting an award after trial, both of which are determined in part by the worker's lawyer. Differences in outcomes across lawyers are consistent with the hypothesis that firms take advantage both of workers who are poorly informed and of workers who find it more costly to collect an award after winning at trial.