Le Droit Social 2014 2015
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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.
Regulating Strikes In Essential Services
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Author : Moti (Mordehai) Mironi
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-11-09
Regulating Strikes In Essential Services written by Moti (Mordehai) Mironi 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 2018-11-09 with Law categories.
Designing a fair, effective and acceptable regime that will reconcile public interest and the public’s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed comparative analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it can be of great value for public policy debate and the enhancement of national law in the field. The editors have assembled experts from fourteen countries who describe and analyse their respective country’s experience with strikes in essential services and the legislative and judicial as well as informal approaches towards regulating and intervening in such strikes. Departing from legal theory with systematic comparative ‘law in action’ research, the contributors offer innumerable valuable insights into a broad array of issues and topics as the following: – mechanisms aiming at compensating employees for encroaching on their collective bargaining rights; – public accountability and responsible management of public finance; – role of international conventions; – effects of globalization and advances in technology; – privatization, outsourcing and the decline of unions and workers’ solidarity; – growing popular intolerance towards strikes in essential services; – effect of human rights-related court decisions; – convergence and divergence among contemporary legal regimes in defining and approaching strikes in essential services; – dispute process design and dispute resolution processes (mediation, conciliation and arbitration); and – substantive and procedural restrictions on the right to organize, bargain collectively and strike. The country reports are preceded by a detailed analysis of the inherent normative policy dilemma and a conceptual framework for designing and evaluating models of regulation. The concluding chapter presents a comparative overview of the insights gained. With its comparative perspective on one of the most sensitive areas of industrial relations and labour law, and its contextually relevant options for strategic choice and public policy debate, this incomparable volume will be welcomed by labour lawyers, legislators, policy makers, judicial bodies and researchers in the field of collective labour relations and fundamental human rights of workers on the national as well as international level.
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.
South North Migration Of Eu Citizens In Times Of Crisis
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Author : Jean-Michel Lafleur
language : en
Publisher: Springer
Release Date : 2016-12-08
South North Migration Of Eu Citizens In Times Of Crisis written by Jean-Michel Lafleur and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-08 with Social Science categories.
This open access book looks at the migration of Southern European EU citizens (from Portugal, Spain, Italy, Greece) who move to Northern European Member States (Belgium, France, Germany, United Kingdom) in response to the global economic crisis. Its objective is twofold. First, it identifies the scale and nature of this new Southern European emigration and examines these migrants’ socio-economic integration in Northern European destination countries. This is achieved through an analysis of the most recent data on flows and profiles of this new labour force using sending-country and receiving-country databases. Second, it looks at the politics and policies of immigration, both from the perspective of the sending- and receiving-countries. Analysing the policies and debates about these new flows in the home and host countries’ this book shows how contentious the issue of intra-EU mobility has recently become in the context of the crisis when the right for EU citizens to move within the EU had previously not been questioned for decades. Overall, the strength of this edited volume is that it compiles in a systematic way quantitative and qualitative analysis of these renewed Southern European migration flows and draws the lessons from this changing climate on EU migration.
Transnational Social Work And Social Welfare
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Author : Beatrix Schwarzer
language : en
Publisher: Routledge
Release Date : 2016-08-05
Transnational Social Work And Social Welfare written by Beatrix Schwarzer and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-08-05 with Social Science categories.
The underlying frame of social work is the nation state, and it is from within the state that welfare strategies and social policies are devised and implemented. However, post-colonialism, globalisation, migration and the associated implications for human rights, social justice and social welfare policies contest the idea of a clearly defined space for social work and present new challenges for researchers and practitioners. Transnational Social Work and Social Welfare argues for the increased importance of the transnational perspective in social work theory and practice. The book challenges the idea of the nation state as a given entity and argues that globalization and an increasing number of people crossing borders must have an impact on the theories and strategies of social work. The international contributors are critical of a restricted focus on a geographically defined space and the impact on work with clients. With cases covering China, France, India, UK, Germany, Malaysia, Israel, Turkey, the book highlights the challenges as well as the opportunities this new perspective can open up for theories and strategies in social work. It will be of interest to students, researchers and social workers interested in migration, social care, poverty and cultural competency in health and social care.
The European Social Charter A Commentary
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Author : The Academic Network on the European Social Charter and Social Rights
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2022-06-08
The European Social Charter A Commentary written by The Academic Network on the European Social Charter and Social Rights and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-08 with Law categories.
This authoritative Commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed both at researchers studying socio-economic rights in Europe, and at legal practitioners; civil society organisations, trade unions and ministerial staff engaging with the procedures of the European Committee of Social Rights. The text is compiled by a large body of expert contributors, working together with an Editorial Board, under the supervision of a Scientific Committee, which reviews the quality of each chapter. The Scientific Committee is composed of the most respected experts on the European Social Charter and Social Rights in Europe. The Commentary will offer approx. 106 Chapters, organized in 8 Volumes, some of which are focused on the substantive state obligations and the jurisprudence of the European Committee of Social Rights, others on the procedures that state representatives, international bodies and applicants must follow to engage with the system of the European Social Charter. Volume 1 deals with Cross-Cutting Themes and is edited by Stefano Angeleri and Carole Nivard.
Practical Handbook On European Financial Passports
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Author : Ronan Le Bouc
language : en
Publisher: Bruylant
Release Date : 2019-10-15
Practical Handbook On European Financial Passports written by Ronan Le Bouc and has been published by Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-10-15 with Law categories.
Since the creation of the European market, EU financial regulators have set up a unique model of different passports for financial products and services. The EU concept of the financial passport has been a real innovation in the realm of international finance. This advanced legal tool is becoming more and more important in the world fund industry. This book is the first to address this topic. It is a unique reference work that gives a holistic view of the development of the financial passport inside and outside the EU. As a concise handbook, it offers a clear idea of the concept and reviews all financial passports throughout the world. It also assists the reader in using the relevant passports by providing quick access to various legal references. In addition, it offers a historical overview of different financial passports and describes the evolution of the operational processing and its impact on the value chain. Moreover, this version contains a specific part dedicated to third countries, including paths that might be used after the Brexit. The book is intended for lawyers, students and those wishing to expand their knowledge. The author is a senior consultant to a major European banking group. As part of business management studies in Paris and New York, he developed a forwardlooking vision for financial passports and has notably supported South American financial regulatory authorities. He established, among others, a dedicated global passport service with a capacity of more than five hundred administrated financial vehicles. In line with regulatory developments, particularly in the EU, he is supporting founders of important funds who are interested in using passports to gain a competitive advantage and grow faster.
Droit De La Finance Alternative
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Author : Jean-Marc Moulin
language : en
Publisher: Bruylant
Release Date : 2017-05-11
Droit De La Finance Alternative written by Jean-Marc Moulin and has been published by Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-05-11 with Political Science categories.
La finance est en crise ; mais elle est indispensable à la vie des hommes en société. Cependant, il serait abusif de considérer "la finance" comme un tout homogène. En effet, loin de la finance conventionnelle qui fait la une de l'actualité, il existe une finance dite alternative qui tente de placer et de maintenir l'Homme au centre de son projet et à l'horizon de son ambition. Cet ouvrage, premier du genre, se propose de présenter sous forme d'études réalisées par des spécialistes du droit financier, les manifestations de cette finance alternative, les outils, instruments et techniques juridiques qui existent et qui permettent de concilier finance et humanisme. À travers l'analyse des critères de développement durable ou religieux appliqués à la finance, des monnaies alternatives, du microcrédit, de la notation extra-financière, du mutualisme et du coopératisme en finance, du crowdfunding, des fonds éthiques, du financement associatif, du financement alternatif de l'habitat ou du soutien des collectivités publiques aux entreprises, ce livre fait, en France comme en Espagne, au Royaume-Uni, en Grèce et au Canada, un tour d'horizon complet de ce segment du secteur financier souvent méconnu et qui offre néanmoins aux Hommes de réaliser leurs projets dans la perspective d'un mieux-être collectif. Pour rompre avec l'idée que la finance n'est que spéculation et prédation.
Modernisation Of European Company Law
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Author : Antigoni Alexandropoulou
language : en
Publisher: Bruylant
Release Date : 2022-12-31
Modernisation Of European Company Law written by Antigoni Alexandropoulou and has been published by Bruylant this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-12-31 with Law categories.
This book is a collective volume of studies on the recent legislative developments in European Company Law as well as on topical legal issues that affect companies but which have not been harmonized yet. The Mobility Directive has introduced important amendments to the cross border operations of companies while the Directive on the Digitalisation of Company Law has brought about changes in the setting up of businesses and the use of digital tools and processes throughout the lifecycle of companies. The authors present and thoroughly analyses in their studies the important aspects of these new provisions and the challenges they present in their implementation. The book further explores the future of EU Company Law in particular regarding sustainable corporate governance, director’s duties, letterbox companies and the possible harmonization of the rules regulating groups of companies in the EU. All legal issues are presented very comprehensively and the authors who are academics and legal practitioners are shedding light on complicated legal questions in a very clear way.
Private International Law Aspects Of Corporate Social Responsibility
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Author : Catherine Kessedjian
language : en
Publisher: Springer Nature
Release Date : 2020-03-06
Private International Law Aspects Of Corporate Social Responsibility written by Catherine Kessedjian and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-03-06 with Law categories.
This book addresses one of the core challenges in the corporate social responsibility (or business and human rights) debate: how to ensure adequate access to remedy for victims of corporate abuses that infringe upon their human rights. However, ensuring access to remedy depends on a series of normative and judicial elements that become highly complex when disputes are transnational. In such cases, courts need to consider and apply different laws that relate to company governance, to determine the competent forum, to define which bodies of law to apply, and to ensure the adequate execution of judgments. The book also discusses how alternative methods of dispute settlement can relate to this topic, and the important role that private international law plays in access to remedy for corporate-related human rights abuses. This collection comprises 20 national reports from jurisdictions in Europe, North America, Latin America and Asia, addressing the private international law aspects of corporate social responsibility. They provide an overview of the legal differences between geographical areas, and offer numerous examples of how states and their courts have resolved disputes involving private international law elements. The book draws two preliminary conclusions: that there is a need for a better understanding of the role that private international law plays in cases involving transnational elements, in order to better design transnational solutions to the issues posed by economic globalisation; and that the treaty negotiations on business and human rights in the United Nations could offer a forum to clarify and unify several of the elements that underpin transnational disputes involving corporate human rights abuses, which could also help to identify and bridge the existing gaps that limit effective access to remedy. Adopting a comparative approach, this book appeals to academics, lawyers, judges and legislators concerned with the issue of access to remedy and reparation for corporate abuses under the prism of private international law.