On Line Rights For Employees In The Information Society
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On Line Rights For Employees In The Information Society
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Author : Roger Blanpain
language : en
Publisher:
Release Date : 2002
On Line Rights For Employees In The Information Society written by Roger Blanpain and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002 with Electronic mail systems categories.
Human Rights In The Global Information Society
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Author : Rikke Frank Jørgensen
language : en
Publisher: MIT Press
Release Date : 2006-06-16
Human Rights In The Global Information Society written by Rikke Frank Jørgensen and has been published by MIT Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-06-16 with Business & Economics categories.
Papers originally presented at the World Summit on the Information Society, November 2005.
Use And Monitoring Of E Mail Intranet And Internet Facilities At Work
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Author : Roger Blanpain
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2004-01-01
Use And Monitoring Of E Mail Intranet And Internet Facilities At Work 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 2004-01-01 with Law categories.
Two legitimate statements in search of legal doctrine: ?An employee must have a reasonable expectation of privacy.? ?The efficient operation of the company must be safeguarded.? As a lawyer considers each of these assertions, a significant region of incompatibility emerges. In the context of the use of information technology systems in the workplace, a collision of rights is exposed that has engendered a virtual battleground in the theory and practice of labour law. This remarkable and timely book draws together all the strands of law in this controversial area, both de facto and de jure. Its comprehensive coverage includes such eminently useful materials as the following: thirty actual company policies regarding on-line communications, from a wide variety of business sectors, with detailed analysis; texts of four company codes of practice; actual views of trade unions and employers? organizations; analysis of relevant existing laws on access, monitoring, liability, sanctions, and the rights of employee representatives; two proposed model codes of practice, one for the individual user and one for employee representatives; and, appendices including Belgium?s National Collective Agreement No. 81 and the regulatory bill and advisory opinions that led up to it. The authors? focus on practice is advantageous, as it brings the central issues and conflicts into high relief. The close analysis and investigation of how employers, trade unions, and legislative and advisory bodies are dealing with the essential matters?which include communications facilities at work, employer?s prerogative, the company?s rights of ownership and disposal, and the fundamental privacy rules of legitimate purpose, proportionality, and transparency?provide very valuable guidance to parties in any country concerned with developing a viable set of legal principles and rules for this challenging and unsettled area of labour law.
Employment Privacy Law In The European Union
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Author : Alberto Arufe Varela
language : en
Publisher: Intersentia nv
Release Date : 2003
Employment Privacy Law In The European Union written by Alberto Arufe Varela and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Data protection categories.
Information and knowledge have become crucial factors in modern labour markets. In this context, labour-management relations are characterised by an increasing and considerable flow of information. These developments are influenced by new management techniques, such as human resources management, in which the individual is identified as a key element in business success. Furthermore, there is the globalisation of the economy, the increase of international corporate mergers and the unfolding of the network society, which goes hand in hand with technological innovations. These developments not only multiplied the needs for information and the flow of data in employment relations, but also improved techniques of data processing revealing sensitive data of employees. This book deals with employment privacy law, a field of knowledge that increasingly gains influence in legal theory and daily practice. It concentrates on the legal regulation of general human resources data as well as sensitve data in the employment context. The book is developed within a comparative perspective, providing an overview and analysis of the Law of each Member State of the European Union in the field of study. It is completed by a comparative summary. Information and insights in this book will be of great value for practicing lawyers, human resources managers, academics, interest groups and policy makers. The specific issue of monitoring and surveillance in the workplace is covered in another highly recommended book.
International And Comparative Labour Law
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Author : Arturo Bronstein
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-09-16
International And Comparative Labour Law written by Arturo Bronstein and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-16 with Law categories.
A stimulating, authoritative account of international employment law written by a leading figure who for many years has shaped global policy, striving to implement fairer working conditions worldwide. We are expertly guided though the context and development of labour law, making this book ideal for study or research.
Privacy In The Information Society
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Author : Philip Leith
language : en
Publisher: Routledge
Release Date : 2016-12-05
Privacy In The Information Society written by Philip Leith and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-05 with Law categories.
Information society projects promise wealth and better services to those countries which digitise and encourage the consumer and citizen to participate. As paper recedes into the background and digital data becomes the primary resource in the information society, what does this mean for privacy? Can there be privacy when every communication made through ever-developing ubiquitous devices is recorded? Data protection legislation developed as a reply to large scale centralised databases which contained incorrect data and where data controllers denied access and refused to remedy information flaws. Some decades later the technical world is very different one, and whilst data protection remains important, the cries for more privacy-oriented regulation in commerce and eGov continue to rise. What factors should underpin the creation of new means of regulation? The papers in this collection have been drawn together to develop the positive and negative effects upon the information society which privacy regulation implies.
New Developments In Employment Discrimination Law
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Author : Oana ?tefan
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2012-11-01
New Developments In Employment Discrimination Law written by Oana ?tefan 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 2012-11-01 with Law categories.
Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates’ General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several ‘champion’ instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs – all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal ‘hybrids’; the judicial review of soft law; the potential use of soft law as a ‘sword’ or as a ‘shield’ in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.
Posting Of Workers In Eu Law
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Author : Matteo Bottero
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-11
Posting Of Workers In Eu Law written by Matteo Bottero 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 2020-12-11 with Law categories.
Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.
Individual Labour Rights As Human Rights
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Author : Elena Sychenko
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-03-01
Individual Labour Rights As Human Rights written by Elena Sychenko 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 2017-03-01 with Law categories.
In recent years there has been a substantial debate over the interconnection between labour rights and human rights. Consequently, the jurisprudence of the European Court of Human Rights (ECtHR) concerning substantive individual labour rights, or ‘rights at work’, is coming to greater prominence at the national level throughout the forty-seven Member States of the Council of Europe. This is the first book in English to provide a thorough analysis of the Court’s most recent case law – cases considered in the period from 1963 to 2016 – on fundamental employment rights such as the right to wages, protection from discrimination and unfair dismissal, the right to occupational safety at work, and civil liberties such as the freedom of association, the freedom of religion and expression, and the right to privacy. Drawing on close scrutiny of 347 cases since 1963, the author traces the evolutionary development of the Court’s positions on labour rights as human rights through case analyses, commentary, and general conclusions in each of several categorical groupings. Recent trends are treated in substantial detail. Among the issues and topics raised are the following: – interrelation of ECtHR case law and national labour rights protection; – benefits for employees of reference to ECtHR case law in national proceedings; – role of International Labour Organization conventions and of the European Social Charter in the Court’s reasoning; – application of balancing and proportionality test in relevant to labour law cases; – public criticism of employer, disclosure of information, and standards of whistle-blowers’ protection; and – positive obligations of the State in the ¬field of occupational safety and health. This book offers the most detailed and considered analysis available of how individual labour rights have been referred to in the human rights jurisprudence of the ECtHR. Given that the Court’s positions have already changed certain aspects of some national labour laws, this peerless volume will prove indispensable for practitioners and scholars monitoring the growing applicability of human rights law in matters of labour and employment, especially in the areas of protection of wages, unjust dismissal, and occupational safety.
Challenges Of European Employment Relations
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Author : Roger Blanpain
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2008-08-29
Challenges Of European Employment Relations 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 2008-08-29 with Law categories.
Has European economic and market integration curtailed the autonomy of national industrial relations actors and institutions? Or has it reinforced their roles in securing much-needed economic adjustment? This important book offers a deeply-informed comparative perspective on these questions, drawing on empirical research on changing conditions within and beyond the EU. The book builds on papers presented at the 8th European Regional Congress of the International Industrial Relations Association, held in the UK in September 2007. The authors are leading academic authorities from Austria, Belgium, Canada, Denmark, Germany, The Netherlands, Norway, Spain, and the United Kingdom. With detailed attention to such pervasive factors as the consequences of EU enlargement, the shift from manufacturing to services, changes in the gender composition and demographic profile of the labour force, and the growing influence of multinational companies, the authors address such issues as the following: • response of national employment regulatory traditions to globalization, privatization, outsourcing and budgetary pressures; emergence of new forms of competitive advantage for both employers and employees; impact of EU-mandated information and consultation mechanisms; possibility of international union action and transnational solidarity; ‘flexicurity’ and the changing demographics of the labour force; gender democracy in trade unions; trade union mergers; statutory minimum conditions as an alternative to collective bargaining; regulation or culture change to promote equality; treatment of posted and migrant workers within increasingly transnational labour markets; growth in variable pay systems; and possible rebirth of vocational training systems and apprenticeships. Offering in-depth comparative insights into the way in which national and international systems of employment relations are evolving rapidly in the face of cross-cutting pressures for change, this book illuminates a vastly complex state of affairs. In practical terms, its many insights into how current trends affect specific working conditions open the way to new initiatives in developing and maintaining a just and equitable employment relations regime for Europe and beyond.