On Line Rights For Employees In The Information Society Use And Monitoring Of E Mail And Internet At Work
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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.
On Line Rights For Employees In The Information Society Use And Monitoring Of E Mail And Internet At Work
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Author : Roger Blanpain
language : en
Publisher: Springer
Release Date : 2002-02-15
On Line Rights For Employees In The Information Society Use And Monitoring Of E Mail And Internet At Work written by Roger Blanpain and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-02-15 with Law categories.
A number of practices in today's `wired' workplace threaten several fundamental rights. More and more, employees are expected to curtail their right to communicate and their right to access to information. Their right to privacy may also be breached by monitoring of their e-mail and Internet activity. Although employers have legitimate reasons for such restrictive or invasive measures and clearly have their own right to supervise the use of company property it can no longer be denied that the legal and even moral issues that arise from the new reality of work in the information society demand serious and detailed consideration if labour law's role as a vital component of the employment relationship is to survive. In this very significant book, crucial questions arising in the context of the new world of work are explored by a distinguished gathering of academics, civil servants, trade union representatives, managers, employees and students from sixteen countries. The Conference, held in Brussels in November 2000, was co-sponsored by the Royal Flemish Academy of Belgium for Science and the Arts, Union Network International, UNI-Europa, and the Euro-Japan Institute for Law and Business. Participants analyzed trends and the ever-increasing possibilities and opportunities to communicate, monitoring included, in order to clarify such issues as the following: `on-line rights' and the form they should take in the workplace; employer liability for damage to third parties caused by e-mail or Internet activity; sexual harassment via e-mail or Internet activity; protection against hackers and other security measures; safeguarding confidentiality, both employer's and employee's; and the right to personal use of the company's communications technology. These and other aspects of the growing conflict between managerial prerogative and the right to privacy in the workplace are here given a fuller and more provocative treatment than is available in any other single source.
On Line Rights For Employees In The Information Society Use And Monitoring Of E Mail And Internet At Work
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Author : Roger Blanpain
language : en
Publisher: Springer
Release Date : 2002-02-15
On Line Rights For Employees In The Information Society Use And Monitoring Of E Mail And Internet At Work written by Roger Blanpain and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2002-02-15 with Law categories.
A number of practices in today's `wired' workplace threaten several fundamental rights. More and more, employees are expected to curtail their right to communicate and their right to access to information. Their right to privacy may also be breached by monitoring of their e-mail and Internet activity. Although employers have legitimate reasons for such restrictive or invasive measures and clearly have their own right to supervise the use of company property it can no longer be denied that the legal and even moral issues that arise from the new reality of work in the information society demand serious and detailed consideration if labour law's role as a vital component of the employment relationship is to survive. In this very significant book, crucial questions arising in the context of the new world of work are explored by a distinguished gathering of academics, civil servants, trade union representatives, managers, employees and students from sixteen countries. The Conference, held in Brussels in November 2000, was co-sponsored by the Royal Flemish Academy of Belgium for Science and the Arts, Union Network International, UNI-Europa, and the Euro-Japan Institute for Law and Business. Participants analyzed trends and the ever-increasing possibilities and opportunities to communicate, monitoring included, in order to clarify such issues as the following: `on-line rights' and the form they should take in the workplace; employer liability for damage to third parties caused by e-mail or Internet activity; sexual harassment via e-mail or Internet activity; protection against hackers and other security measures; safeguarding confidentiality, both employer's and employee's; and the right to personal use of the company's communications technology. These and other aspects of the growing conflict between managerial prerogative and the right to privacy in the workplace are here given a fuller and more provocative treatment than is available in any other single source.
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.
Employment Policies And Multilevel Governance
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Author : Roger Blanpain
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-04-29
Employment Policies And Multilevel Governance 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 2009-04-29 with Law categories.
In Europe, work has long been a symbol of full citizenship and today work is a fundamental goal of European social policy. However, although every person has the ‘right’ to work, it is becoming clearer all the time that unemployment is not due merely to a lack of encouragement to exercise this right, but (at least in part) to some deeper defects in the implementation of effective employment policies. As a contribution to defining the nature of these problems this important collection of essays targets the phenomena of multilevel governance, both vertical (European, national, regional, local) and horizontal (administrative institutions, trade unions, business representatives, NGOs), showing, with detailed analysis and data, how coordination or conflict between the various levels advances, or fails to advance, the goals of employment policy. Regarding the EU, five EU Member States are examined– plus, for comparative analysis, the parallel Canadian federal model – with the authors addressing such concrete issues as: the impact of globalisation and Europeanisation on employment policies; distribution of tasks in the Open Method of Coordination (OMC); involvement of private and economic agents; the increasing significance of international political agents; flexicurity as an employment strategy; the difficulty of integrating the excluded; coordination with education and fiscal policies; social inclusion from the point of view of international human rights; and gender ‘mainstreaming’ as a weakening of the EU guarantee of gender equality. The essays originated in a research meeting held at the Instituto Internacional de Sociología Jurídica at Oñati (Spain) in June of 2007. Some of the contributors, all employment law experts, discuss problematic aspects of the European Employment Strategy (EES) and its influence on the decentralization of employment policies and related elements of social protection. Other authors concentrate on ‘built-in’ multilevel problems resulting from existing constitutional and administrative structures, while a third group focuses on substantive approaches to employment policies within individual member states. The Bulletin contains updated versions of all papers. In this book the degree of administrative, legal, political, and cultural intricacy involved in a serious engagement with multilevel governance of employment on the European model is put on full view. As a deeply informed analysis of how the idea of multilevel governance has played out within the political and administrative reality of Member States, the book will prove of enormous value to labour and employment law professionals anywhere, as the problems identified here have a global reach.
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.
International Labour Standards And Platform Work
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Author : Mathias Wouters
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2021-11-25
International Labour Standards And Platform Work written by Mathias Wouters 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 2021-11-25 with Law categories.
Platform work – the matching of the supply of and demand for paid labour through an online platform – often depends on workers who operate in a “grey area” between the archetype of an employee and a self-employed worker. This important book explores the utility of the International Labour Organization’s existing standards in governing this phenomenon. It indicates that despite their relevance, many standards have little or no impact. The standards apply to the issue but they fail to connect with it. The author shows how three ILO conventions – the Home Work Convention, 1996 (No. 177), the Private Employment Agencies Convention, 1997 (No. 181), and the Domestic Workers Convention, 2011 (No. 189) – can be revitalised to have an impact on the platform work debate. In the course of the analysis he responds in depth to such questions as the following: What are digital labour platforms? What does decent work mean? Did the ILO centenary fundamentally change anything? What is the link between private employment services and platform work? How do crowdworkers relate to homeworkers and teleworkers? Are platform workers engaged in domestic work? What form could a future ILO standard on platform work take? Given that the ILO plans to start discussions on a potential future standard for platform work in 2022, this book will prove very useful in highlighting the issues and standards that such discussions should consider. Research has shown that the techniques and tools of the platform economy have spread far beyond gig work, resulting in widespread “gigification” and restructuring of workplace behaviours and relationships, jobs, and communities across the world. For this and other reasons, including the book’s detailed analysis of issues not addressed elsewhere, labour lawyers, in-house counsel, researchers, and policymakers will gain valuable insight into what decent work in the platform economy would require, thus greatly broadening the discussion on this difficult-to-regulate phenomenon.
Regulating Employment Industrial Relations And Labour Law Intl Co
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Author : Blanpain
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2010-01-01
Regulating Employment Industrial Relations And Labour Law Intl Co written by 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 2010-01-01 with Law categories.
The complexity of employment arrangements in various countries tends to make it difficult to understand them. Nevertheless, it is important to 'take stock' periodically, particularly from an internationally comparative perspective. This remarkable book is a giant step in that direction. It is especially valuable in the context of increasing globalisation. For each of nine key jurisdictions - the European Union, Germany, Sweden, United Kingdom, United States of America, Canada, New Zealand, Australia and Japan - experts present detailed information and analysis on key issues, shedding valuable light on trends in such specific areas of employment relations as the following: * atypical work and flexible work arrangements; * dispute settlement procedures such as negotiation, conciliation, mediation, arbitration and other forms of governmental or judicial intervention; * job security, anti-discrimination and gender equality; * recognition of unions and employers' associations and forms of employee representation; * how collective bargaining is regulated, whom the collective agreements cover and what they contain; * parental leave and childcare policy; * the capacity of individual agreements to override or not override collective agreements; * minimum wage levels; * overtime and shift work; and * paid leave entitlements. As a general framework, Part 1 offers an insightful summary of the underpinnings of current analysis of globalization, including discussion of the varieties of capitalism thesis, the divergence/convergence debate (with its models of bipolarization, clustering and hybridization), and elements of historical and political-economic path dependency in various cultures. The information gathered here furthers understanding of the increasing 'disconnect' between the prevailing institutional framework for employment relations and the sweeping changes that are taking place in the world of work. With this book's analysis, practitioners and policymakers will be able to overcome their dated assumptions and more effectively accommodate each others' interests in the face of the complex mix of continuity and change that they are confronting. The team of authors are experts in these countries. They are active in policy or legal analysis, business and/or scholarship.
The Modernization Of Labour Law And Industrial Relations In A Comparative Perspective
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Author : Silvia Spattini
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2009-01-01
The Modernization Of Labour Law And Industrial Relations In A Comparative Perspective written by Silvia Spattini 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 2009-01-01 with Law categories.
Not all labour law and industrial relations scholars agree on the efficacy of the comparative approach - that the analysis of measures adopted in other countries can play a constructive role in national and local policy-making. However, the case deserves to be heard, and no better such presentation has appeared than this remarkable book, the carefully considered work of over 40 well-known authorities in the field from a wide variety of countries including Australia, France, India, Israel, Peru, Poland, and South Africa. The volume contains papers delivered at a conference sponsored by the Marco Biagi Foundation at the University of Modena and Reggio Emilia in March 2008.
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.