Fundamental Labour Rights And The Constitution
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Fundamental Labour Rights And The Constitution
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Author : Giulia Frosecchi
language : en
Publisher:
Release Date : 2023
Fundamental Labour Rights And The Constitution written by Giulia Frosecchi and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Employee rights categories.
"This book reflects on constitutional balancing from the perspective of fundamental labour rights. It draws on neo-constitutional theories and builds on the assumption that fundamental labour rights, understood as rights aimed at protecting workers during their working life or after retirement, are the normative expression of founding values and can be balanced against equally axiological constitutional principles. The balancing of constitutional labour rights can be conducted by various institutional actors and by applying different techniques. This volume reviews the theoretical debates on judicial balancing and the approaches adopted by the Court of Justice of the European Union and the European Court of Human Rights, to proceed with a closer assessment of Italian and Spanish judicial traditions. In particular, it addresses the main profiles of the case law of the Italian and Spanish Constitutional Courts on labour and social law reforms adopted in the aftermath of the 2008 crisis, where balancing takes place between labour rights and economic principles. The analysis is focused on four main aspects: the fundamental labour rights in the balance; the role of the Courts; the technique applied by the Judges; and the constitutional interests subject to the balancing. It ultimately reveals that the axiological nature of fundamental labour rights is preserved and the economic and financial contingencies confirm their factual character, although they are occasionally recognised a prominent role in the ratio decidendi. The book will be a valuable resource for academics and researchers working in the areas of labour law, social security law, legal theory and constitutional law"--
Fundamental Rights At Work And International Labour Standards
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Author : International Labour Office
language : en
Publisher: International Labour Organization
Release Date : 2003
Fundamental Rights At Work And International Labour Standards written by International Labour Office 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 2003 with Political Science categories.
Labour law has long been upheld by the ILO as an essential pillar of development and peace, within member States, as well as between States. This book offers valuable insight on the application of the ILO's international labour standards.
Ilo Declaration On Fundamental Principles And Rights At Work And Its Follow Up
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Author : International Labour Office
language : en
Publisher: International Labour Organization
Release Date : 1998
Ilo Declaration On Fundamental Principles And Rights At Work And Its Follow Up written by International Labour Office 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 1998 with Law categories.
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Social Rights And Market Freedom In The European Constitution
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Author : Stefano Giubboni
language : en
Publisher: Cambridge University Press
Release Date : 2006-01-12
Social Rights And Market Freedom In The European Constitution written by Stefano Giubboni 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 2006-01-12 with Law categories.
This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.
Labour Law Human Rights And Social Justice Liber Amicorum In Honour Of Prof Dr Ruth Ben Israel
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Author : Roger Blanpain
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2001-11-15
Labour Law Human Rights And Social Justice Liber Amicorum In Honour Of Prof Dr Ruth Ben Israel 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 2001-11-15 with Law categories.
Dignity, Alvin L. Goldman
The Sources Of Labour Law
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Author : Tamás Gyulavári
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2019-12-06
The Sources Of Labour Law written by Tamás Gyulavári 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 2019-12-06 with Law categories.
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.
Trade Union Rights At The Workplace
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Author : Roger Blanpain
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-01-01
Trade Union Rights At The Workplace 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 2012-01-01 with Law categories.
"For employees, collective protection has never been more urgent. Everywhere, pressures resulting from worldwide competition and technical innovation are downgrading and relocating jobs, closing companies, and fuelling workers' fears of less-than-secure working conditions, de-qualification, and job loss. More and more, trade unions confront the challenge of asserting their rights across borders. However, in order to establish the necessary preconditions for any transnational solidarity, it is necessary to define and clarify both what is distinctive and what is fundamental in the different legal frameworks affecting trade union activity. That is what this book sets out to do. The essays presented here are an outcome of an international and comparative conference, organised and sponsored by the newly established Hugo Sinzheimer Institute of Labour Law (HSI), Frankfurt am Main, which took place in Frankfurt in January 2011 at the premises of IG Metall, the world's largest trade union. The book offers an overview of trade union rights in each of seven industrial countries: Belgium, Hungary, England, Germany, France, the Netherlands and the United States. A concluding chapter by Manfred Weiss notes the futility of a 'harmonization' approach, stressing rather a strategy of accepting variety which nevertheless embraces close cooperation. Issues covered include the following: direct and indirect recognition of the rights of the unions at the workplace; the right of access of trade union representatives not employed in the establishment; competition from non-unionized firms and low labour cost operations; new styles of management hostile to trade unions; employers' use of the courts to prevent industrial action illegalized by new legislation; relations among trade unions, works councils, workers' representatives, and employers' organizations; the role of the union at a time of change of company ownership; and effects of public resistance to cuts in public services and to job losses. At a time when the protection of the global 'voice' of workers is of the utmost importance, sensitivity to existing cultural differences is crucial to effective international engagement and cooperation among trade unions. As an important contribution in this respect, this book will be of great value to labour and employment lawyers and other professionals involved in law and policy affecting labour and industrial relations."--Publisher's website.
Labor And The Constitution
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Author : David L. Gregory
language : en
Publisher: Routledge
Release Date : 2014-03-14
Labor And The Constitution written by David L. Gregory and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-03-14 with Law categories.
First published in 1999. This ongoing series, Controversies in Constitutional Law, provides teachers, scholars, and students convenient access to the debates and scholarly literature surrounding major questions of constitutional law. In the structure of government in the United States the Constitution, the Bill of Rights and other Amendments - especially the Fourteenth Amendment - are the primary referential points to locate, protect, and enhance our fundamental political freedoms. The intersections between Labor Law and Constitutional Law occasionally synergize, but perhaps more often obviate the tensions among, several fundamental freedoms. This first volume will situate and examine the intersections among labor, religion, and speech, the two latter among our most fundamental First Amendment rights.
Fundamental Labour Rights In China Legal Implementation And Cultural Logic
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Author : Ulla Liukkunen
language : en
Publisher: Springer
Release Date : 2015-12-12
Fundamental Labour Rights In China Legal Implementation And Cultural Logic written by Ulla Liukkunen and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-12-12 with Law categories.
This volume gathers together chapters that address the theme of implementing fundamental labour rights in China. It explores the legal framework as well as key institutions and other actors along with the socio-economic context involved in interpretation, implementation, enforcement and overall promotion of fundamental labour rights in China. As a collection of chapters, it assembles comparative and mutually complementary perspectives and insights by distinguished scholars from China, Europe and the United States. With its broad perspective on implementation, the book discusses the most topical challenges to realizing fundamental labour rights in China. China was among the founding members of the ILO. With the regulatory approach of the ILO, fundamental labour rights have gained a new foothold as a key pillar in managing the social dimension of globalization. The development of fundamental labour rights protection in China can be viewed as part of a larger development within China’s domestic economic and social transition as well as its integration into the global economic system. While China has ratified four of the eight ILO core conventions, the challenge of effective implementation and enforcement in the domestic context remains. With its in-depth research on fundamental labour rights in the particular cultural context of the Chinese experience, this book studies Chinese labour law from multiple perspectives, at the same time examining the wider role of international labour standards in developing Chinese law and society. This volume is a remarkable enlargement of existing scholarship on international labour standards, on the one hand, and fundamental labour rights in China on the other. These chapters thoroughly analyse the legal and institutional framework for implementing labour law in China. Among the topics covered are fundamental labour rights including freedom from forced labour, prohibition of use of child labour and non-discrimination. In addition, this volume benefits from socio-historical observations on the cultural logics that inform implementation of fundamental labour rights in China in which the history and current development of Chinese labour law are equally reflected with substantive depth.
Fundamental Social Rights In The European Union
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Author : Stefan Clauwaert
language : en
Publisher:
Release Date : 2003
Fundamental Social Rights In The European Union written by Stefan Clauwaert and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Civil rights categories.
Presents extracts from the the Constitutions of the EU member states and candidate countries.