Enterprise And Social Rights
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Enterprise And Social Rights
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Author : Adalberto Perulli
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-06-15
Enterprise And Social Rights written by Adalberto Perulli 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 2017-06-15 with Law categories.
Globalization has led to growing labour fragmentation and widening of gaps in social protection. Although the enterprise is increasingly expected to be socially responsible, in actuality extreme worker inequalities and social dumping have become ubiquitous worldwide. This volume – the first to focus attention on the ‘theory of the firm’ as it reveals itself in today’s world from a multidisciplinary perspective – underscores the necessity to rebuild a new scientifically controlled paradigm that acknowledges and regulates the dimension of power in the functioning of the organization. In their contributed essays, nineteen renowned scholars in labour law and industrial relations rethink the firm, its conception, its value, and its regulation, analysing such aspects as the following: – labour-management relations issues that arise when companies go global but workers remain local; – the firm as a social construction; – the continuing necessity for collective bargaining; – concealment of the employment relationship under the guise of self-employment; – concealment of the real employer behind figureheads and shell companies; – social welfare effects of outsourcing; – the company’s interaction with the network of suppliers and with local education processes; – determining who actually carries responsibility towards workers; – overcoming companies’ drive to enter the global market in response to national regulation; – realizing the notion of ‘duty of care’; – mechanisms of participation of workers in the management of the enterprise; and – the persistent limitations that women face in the workplace, even when worker participation is advocated. With attention to innovative developments in Germany, Italy, Japan, and other countries, analyses include case studies of specific companies as well as case law, in particular the European Court of Justice’s jurisprudence in matters of collective dismissals, seconded workers, and public contracts. In their head-on tackling of the fragmentation and blurring of social responsibility in enterprise organization, these important essays propose a view of the enterprise as a factor in a new ‘constitutionalisation’ of labour that shifts employment protection from single legal entities to the network’s economic activity, thus realigning the legal boundaries of the enterprise with its economic reality. As a compelling investigation of how a satisfactory implementation of labour standards in the fragmented enterprise can be guaranteed, this book will be studied by entrepreneurs, managers, consultants, corporate lawyers, judges, human rights experts, and trade unionists, and will be welcomed by academics and researchers in industrial relations and labour law.
The Human Rights Enterprise
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Author : William T. Armaline
language : en
Publisher: John Wiley & Sons
Release Date : 2015-02-03
The Human Rights Enterprise written by William T. Armaline and has been published by John Wiley & Sons this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-03 with Political Science categories.
Why do powerful states like the U.S., U.K., China, and Russia repeatedly fail to meet their international legal obligations as defined by human rights instruments? How does global capitalism affect states’ ability to implement human rights, particularly in the context of global recession, state austerity, perpetual war, and environmental crisis? How are political and civil rights undermined as part of moves to impose security and surveillance regimes? This book presents a framework for understanding human rights as a terrain of struggle over power between states, private interests, and organized, “bottom-up” social movements. The authors develop a critical sociology of human rights focusing on the concept of the human rights enterprise: the process through which rights are defined and realized. While states are designated arbiters of human rights according to human rights instruments, they do not exist in a vacuum. Political sociology helps us to understand how global neoliberalism and powerful non-governmental actors (particularly economic actors such as corporations and financial institutions) deeply affect states’ ability and likelihood to enforce human rights standards. This book offers keen insights for understanding rights claims, and the institutionalization of, access to, and restrictions on human rights. It will be invaluable to human rights advocates, and undergraduate and graduate students across the social sciences.
Social Enterprise Law
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Author : Dana Brakman Reiser
language : en
Publisher: Oxford University Press
Release Date : 2017-09-05
Social Enterprise Law written by Dana Brakman Reiser and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-05 with Law categories.
Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish. Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust. By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.
Social And Labour Rights In A Global Context
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Author : Bob Hepple
language : en
Publisher: Cambridge University Press
Release Date : 2002-08-29
Social And Labour Rights In A Global Context written by Bob Hepple and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-08-29 with Law categories.
Essays written by leading international scholars questioning the effectiveness of the new rhetoric of rights.
Principles Of Enterprise Law
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Author : Ewan McGaughey
language : en
Publisher: Cambridge University Press
Release Date : 2022-09-01
Principles Of Enterprise Law written by Ewan McGaughey and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-01 with Law categories.
Major enterprises shape our lives in countless ways: big tech and 'surveillance media' that affect democratic debate, algorithms that influence online shopping, transport to work and home, energy and agriculture corporations that drive climate damage, and public services that provide our education, health, water, and housing. The twentieth century experienced swings between private and public ownership, between capitalism and socialism, without any settled, principled outcome, and without settling major questions of how enterprises should be financed, governed and the rights we have in them. This book's main question is 'are there principles of enterprise law', and, if they are missing, 'what principles of enterprise law should there be'? Principles of Enterprise Law gives a functional account of the 'general' enterprise laws of companies, investment, labour, competition and insolvency, before moving into specific enterprises, from universities to the military. It is an original guide to our economic constitution and human rights.
Social Enterprise Health And Wellbeing
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Author : Michael Roy
language : en
Publisher: Taylor & Francis
Release Date : 2021-08-26
Social Enterprise Health And Wellbeing written by Michael Roy and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-26 with Business & Economics categories.
In recent decades, governments have promoted social enterprise as a means to address welfare and tackle disadvantage. Early academic work on social enterprises reflected this development and engaged with their ability to deliver and create jobs, work towards remedial environmental goals, and address a range of societal challenges. More recently, researchers have started to investigate the broader potential of social enterprise for the wellbeing of people and the planet. In this context, this book aims to answer the question: In what ways can social enterprises improve the health and wellbeing of individuals and communities? The chapters in this edited collection take different perspectives on assessing how social enterprises address disadvantage and deliver health and wellbeing impacts. Drawing on evidence from international research studies, Social Enterprise, Health, and Wellbeing: Theory, Methods, and Practice presents the ‘first wave’ of innovative research on this topic and provides a platform of evidence to inspire the next generation of scholarly and policy interest. Drawing on the cutting edge of interdisciplinary research in the field, this book will be of interest to researchers, academics, policymakers, and students in the fields of entrepreneurship, public and social policy, community development, public health, human geography, and urban planning.
Fundamental Social Rights In Europe
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Author : Edoardo Ales
language : en
Publisher:
Release Date : 2009
Fundamental Social Rights In Europe written by Edoardo Ales and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Employee rights categories.
This volume offers a lawyer's view on the meaning of fundamental social rights in today's Europe. It is published on the occasion of the 10th anniversary of the European Working Group (EWL) on labor law, and it reflects the research efforts the members of the EWL have made in its 10 years of existence. The recognition of fundamental social rights offers opportunities for valuing the meaning of such rights for workers. The non-discrimination norm, since it has been long and widely recognized in EU law, is the most striking example. It has served as a catalyst for all Member States. Apart from that, fundamental social rights, as generally recognized by international organizations, are also challenged in EU law. This is not only because the EU law does not explicitly grant protection to workers since some of these rights are not covered by it, but also due to a potential collision between these rights and the fundamental freedoms of the European Community. In this volume, experts in the field of European labor law deal with the opportunities EU law is offering and how it is fitting into the social policy of the EU, as well as with potential threats to an effective application of the fundamental social rights. Some of the contributions refer to the cases of Viking, Laval, and Rüffert as to their impact on the right to collective action, as well as their meaning for the establishment of decent employment conditions, and in particular the right to a decent wage which is one of the oldest fundamental social rights. Another crucial issue that is touched upon is the right to work and the right of protection for workers. The objective that is advocated in the EU, as a cornerstone of modern social policy, is the combination of flexibility and security, in one word "flexicurity," which has been analyzed in terms of contributing to or jeopardizing the position of the employee. It is the supposed dilemma of the protection of the 'haves' at the expense of the 'have nots' or 'insiders versus outsiders.' A third topic is the fundamental right connected to the freedom of association. A problem that has recently raised a lot of discussion and legislative proposals is whether sufficient representativeness of trade unions is required in order to be legitimized for collective bargaining and the conclusion of binding collective agreements. Linked to this is the effective recognition of the right of participation for workers and their representatives at enterprise level: the right to information and consultation, its scope, and its effect.
The International Handbook Of Social Enterprise Law
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Author : Henry Peter
language : en
Publisher: Springer Nature
Release Date : 2022-12-29
The International Handbook Of Social Enterprise Law written by Henry Peter and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-29 with Law categories.
This open-access book brings together international experts who shed new light on the status of social enterprises, benefit corporations and other purpose-driven companies. The respective chapters take a multidisciplinary approach (combining law, philosophy, history, sociology and economics) and provide valuable insights on fostering social entrepreneurship and advancing the common good. In recent years, we have witnessed a significant shift of how business activities are conducted, mainly through the rise of social enterprises. In an effort to target social problems at their roots, social entrepreneurs create organizations that bring transformative social changes by considering, among others, ethical, social, and environmental factors. A variety of social enterprise models are emerging internationally and are proving their vitality and importance. But what does the term “social enterprise” mean? What are its roots? And how does it work in practice within the legal framework of any country? This handbook attempts to answer these questions from a theoretical, historical, and comparative perspective, bringing together 44 contributions written by 71 expert researchers and practitioners in this field. The first part provides an overview of the social enterprise movement, its evolution, and the different forms entities can take to meet global challenges, overcoming the limits of what governments and states can do. The second part focuses on the emergence of benefit corporations and the growing importance of sustainability and societal values, while also analyzing their different legal forms and adaptation to their regulatory environment. In turn, the last part presents the status quo of purpose-driven companies in 36 developed and emerging economies worldwide. This handbook offers food for thought and guidance for everyone interested in this field. It will benefit practitioners and decision-makers involved in social and community organizations, as well as in international development and, more generally speaking, social sciences and economics.
Theory Of Social Enterprise And Pluralism
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Author : Philippe Eynaud
language : en
Publisher: Routledge
Release Date : 2019-05-20
Theory Of Social Enterprise And Pluralism written by Philippe Eynaud and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-05-20 with Business & Economics categories.
In the past decades, social enterprise has been an emerging field of research. Its main frameworks have been provided by Occidental approaches. Mainly based on an organizational vision, they give little or no room to questions such as gender, race, colonialism, class, power relations and intertwined forms of inequality. However, a wide range of worldwide hidden, popular initiatives can be considered as another form of social enterprises based on solidarity, re-embedding the economy as well as broadening the political scope. This has been shown in a previous book: Civil Society, the Third Sector, and Social Enterprise: Governance and Democracy. Thus, to be more than a fashion or a fictitious panacea, the concept of social enterprise needs to be debated. Southern realities cannot be only understood through imported categories and outside modeled guidelines. This book engages a multicontinental and pluridisciplinary discussion in order to provide a pluralist theory of social enterprise. The book will be of interest to researchers, academics and students in the fields of social entrepreneurship, social innovation, development studies, management studies and social work.
The Cambridge Handbook Of Social Enterprise Law
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Author : Benjamin Means
language : en
Publisher: Cambridge University Press
Release Date : 2018-11-30
The Cambridge Handbook Of Social Enterprise Law written by Benjamin Means and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-30 with Law categories.
Growing numbers of employees, consumers, and investors want companies to be truly good; these stakeholders will accept lower economic returns in order to support companies that prioritize sustainability, fair wages, and fair trade. Unlike charities or non-profit organizations, such companies - or social enterprises - are not only permitted but also expected to produce an economic return for investors. Yet, unlike traditional business ventures, social enterprises have no obligation to maximize profits, even on a long-term basis. In this comprehensive volume, Benjamin Means and Joseph W. Yockey bring together leading legal scholars and practitioners to offer an authoritative guide to social enterprise law and policy. The Cambridge Handbook of Social Enterprise Law takes stock of the field and charts a course for its future development. It should be read by entrepreneurs, investors, practitioners, academics, students and anyone else interested in how companies are evolving to address new demands for capitalism with a conscience.