The Notion Of Employer In The Era Of The Fissured Workplace
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The Notion Of Employer In The Era Of The Fissured Workplace
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Author : Roger Blanpain
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2017-01-15
The Notion Of Employer In The Era Of The Fissured 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 2017-01-15 with Law categories.
The word 'fissured' aptly describes the effect on the workplace of the enormous retreat from direct employment on the part of large enterprises that began several decades ago and shows no sign of slowing down. Market-leading companies, even though they continue to wield considerable influence on the fate of actual workers, may thus be relieved of legal responsibility as employers. How extensive is this phenomenon? Do recourses exist in labour law? What ongoing trends can be discerned? This groundbreaking book tackles these questions and more, with thoroughly researched reports from ten of the world's leading market-driven economies - Australia, China, France, Germany, Japan, the Republic of Korea, Spain, Taiwan, the United Kingdom, and the United States. Recognizing that law should squarely grasp and tackle this new reality, the authors consider such questions as the following: - How far can current labour law go in determining the responsibility of persons who have no direct contractual relationship with the workers? - Do other measures such as soft law or reputation mechanisms in the market deal with the undesirable consequences of the fissurization more properly? - What managerial motives and socioeconomic backgrounds give rise to such fissurization? - What distinct phenomena compose fissuring? - Are measures available to protect workers that go beyond the boundary of the legal entity (e.g., initiatives toward piercing the corporate veil)? Each contributor describes, for his or her country, how far the fragmentation and externalization of employment has gone, current legislation protecting workers in a multilayered contractual relationship or indirect employment relationship (e.g., on health and safety, wages, bargaining, dismissal), and emerging developments and trends. This book ably responds to the question posed by a recent study: Why has work became so bad for so many and what can be done to improve it? Although concerned scholars worldwide will rally to the call, the reports in this volume will also be of great practical value to business persons and labour and employment lawyers everywhere.
The Fissured Workplace
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Author : David Weil
language : en
Publisher: Harvard University Press
Release Date : 2014-02-17
The Fissured Workplace written by David Weil and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-02-17 with Business & Economics categories.
In the twentieth century, large companies employing many workers formed the bedrock of the U.S. economy. Today, on the list of big business's priorities, sustaining the employer-worker relationship ranks far below building a devoted customer base and delivering value to investors. As David Weil's groundbreaking analysis shows, large corporations have shed their role as direct employers of the people responsible for their products, in favor of outsourcing work to small companies that compete fiercely with one another. The result has been declining wages, eroding benefits, inadequate health and safety protections, and ever-widening income inequality. From the perspectives of CEOs and investors, fissuring--splitting off functions that were once managed internally--has been phenomenally successful. Despite giving up direct control to subcontractors and franchises, these large companies have figured out how to maintain the quality of brand-name products and services, without the cost of maintaining an expensive workforce. But from the perspective of workers, this strategy has meant stagnation in wages and benefits and a lower standard of living. Weil proposes ways to modernize regulatory policies so that employers can meet their obligations to workers while allowing companies to keep the beneficial aspects of this business strategy.
The Fissured Workplace
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Author : David Weil
language : en
Publisher:
Release Date : 2014
The Fissured Workplace written by David Weil and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Industrial relations categories.
Theorising Labour Law In A Changing World
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Author : Alysia Blackham
language : en
Publisher: Bloomsbury Publishing
Release Date : 2019-09-05
Theorising Labour Law In A Changing World written by Alysia Blackham and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-05 with Law categories.
This collection brings together perspectives from industrial relations, political economy, political theory, labour history, sociology, gender studies and regulatory theory to build a more inclusive theory of labour law. That is, a theory of labour law that is more inclusive of non-traditional workers (including those in atypical work, or from non-traditional backgrounds); more inclusive of a variety of collective approaches to work regulation that foster solidarity between workers; and more inclusive of interdisciplinary and complex explanations of labour law and its regulatory spaces. The individual chapters speak to this theme of inclusivity in different ways and offer different suggestions for how it might be achieved. They break down the barriers between legal research and other fields, to promote fruitful and integrative conversations across disciplines. In the spirit of inclusivity and intergenerational dialogue, the book blends contributions from early career and emerging scholars with those from leading scholars in the field, featuring critical commentary from senior labour law figures alongside theoretically and empirically informed work.
The Future Of Unions And Worker Representation
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Author : Anthony Forsyth
language : en
Publisher: Bloomsbury Publishing
Release Date : 2022-01-13
The Future Of Unions And Worker Representation written by Anthony Forsyth and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-01-13 with Law categories.
This book charts the path to revitalisation for trade unions in Australia, the USA, the UK, and Italy. It examines the examples of innovation and digital campaigning that are enabling unions to build new forms of worker power – and overcome decades of declining membership wrought by neoliberalism, globalisation, and hostility from employers and the state. The study evaluates the responses of unions in each country to falling membership levels since the 1980s. It considers the US 'organising model' and its adoption in Australia and the UK, comparing this with the strategies of Italian unions which have been more deliberately focused on precarious and migrant workers. The increasing reliance of US unions on community alliances, as seen in the 'Fight for $15' and similar campaigns, is scrutinised along with new union prototypes like Hospo Voice in Australia, the Independent Workers' Union of Great Britain and SI Cobas in Italy. The book includes an in-depth analysis of union responses to the gig economy in the four countries, and the emergence of self-organised worker collectives to combat this exploitative business model. The vital role played by unions in defending the interests of workers during the COVID-19 pandemic is also examined. As well as highlighting the most successful union initiatives to meet the challenges of the past 30 years, the book assesses the strengths and deficiencies of the legal framework for union representation in the four nations. It identifies the labour law reforms needed to rebuild collectivism, but argues that more is needed than favourable laws. This cross-national study provides a rich basis for identifying the combination of reforms, strategies and linkages required to ensure that unions can remain relevant for a new generation of digitally-active workers.
Restatement Of Labour Law In Europe
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Author : Bernd Waas
language : en
Publisher: Bloomsbury Publishing
Release Date : 2017-07-27
Restatement Of Labour Law In Europe written by Bernd Waas and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-27 with Law categories.
The concept of 'employee' is arguably the most important one in labour law, defining, as it does, the scope of the discipline as a whole. This important new publication aims to develop a restatement of the concept of the employee in European labour law. The study identifies both problems and solutions that have emerged, clearly setting out comparisons between the different member states' approaches. The country reports explore both statutes and case law, tracking their contribution to legal doctrine. The objective of the restatement is to increase knowledge and gain a better understanding of one of the most crucial aspects of European labour law. Assistant Editors: - Marta Otto - Effrosyni Bakirtzi
European Board Level Employee Representation
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Author : Jeremy Waddington
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2018-06-23
European Board Level Employee Representation written by Jeremy Waddington 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 2018-06-23 with Law categories.
It is often assumed that employee representatives exert power at the company board, but it is rarely made explicit how power is exercised and to what effect. This book, the first to assess national differences between board-level employee representatives in their exercise of influence and power, examines coordination among board-level employee representatives, trade unions, representatives from other institutions of labour representation within the company, management and other board members. Drawing on a large-scale survey distributed to board-level employee representatives, eleven expert contributors analyse for seven European countries (Denmark, France, Germany, Hungary, Norway, Slovenia and Sweden) how such issues and topics as the following affect the participation of employee representatives at the board: – capacity of board-level employee representatives to exercise power over long-term strategic corporate decision making; – how changed circumstances impinge on the role of employee representatives; – how coordination of workers’ interests has been established and maintained, if at all; – how board-level employee representatives are selected; – influence of board-level employee representatives on corporate restructuring; – effect of corporate codes of governance; – impact of the establishment of groups of companies; and – protections against dismissal and discrimination of board-level employee representatives. Each country chapter reviews the legislation that underpins board-level employee representation, the timeliness and quality of the information provided, and the capacity of the representatives to apply information made available, with the purpose of establishing whether the legislation tends to constrain or facilitate the exercise of in uence and power. This book takes a giant step towards answering the question of how board-level employee representatives can fulfil their roles in a manner consistent with the intentions of the policymakers who framed the legislation. Moreover, it approaches the possibility of developing pan-European legislation on board-level employee representation that would accommodate national variations. For these reasons, the book will be welcomed by European policymakers concerned with industrial relations or corporate governance, as well as by practitioners and academics in a wide swath of European legal and social studies.
The Concept Of The Employer
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Author : Jeremias Prassl
language : en
Publisher: Oxford University Press, USA
Release Date : 2015
The Concept Of The Employer written by Jeremias Prassl and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015 with Law categories.
Based on the author's thesis (doctoral - Oxford University, 2012), under title: The notion of the employer in multilateral organisational settings.
The Collective Dimensions Of Employment Relations
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Author : Tindara Addabbo
language : en
Publisher: Springer Nature
Release Date : 2021-08-09
The Collective Dimensions Of Employment Relations written by Tindara Addabbo and has been published by Springer Nature this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-08-09 with Business & Economics categories.
This edited volume explores the old and new “collective dimensions” of employment relations. It examines specific challenges stemming from new forms of work of the digital and sharing economy, such as measurement, monitoring, assessment, and remuneration of work, the protection of work-life balance, the impact of new technologies on health and safety, the adaptation of occupational skills to new work processes, and the responses to the digital restructuring of undertakings. It addresses a series of questions such as how the representational action of unions and works councils can adapt to the challenges posed by new production systems and whether the legislative framework needs to be reformed to ensure that digital workers enjoy the right to collective representation. This important collection offers readers a renewed theoretical perspective and justification of the role that the dialogue between workers (representatives) and companies could play in an increasingly complex world of work.
Collective Bargaining Developments In Times Of Crisis
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Author : Sylvaine Laulom
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2016-04-24
Collective Bargaining Developments In Times Of Crisis written by Sylvaine Laulom 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 2016-04-24 with Law categories.
In many EU Member States, the various economic crises of recent years provided grounds for a rarely equalled level of state intervention in the regulation of labour relations with an explicit aim: the decentralisation of collective bargaining. An extensive body of research – summed up and analysed expertly in the chapters of this very important book – reveals that the process of decentralisation has more often than not led to a situation where salaries and labour conditions are ever more frequently determined by direct negotiations between employer and employees, with the State becoming the sole guarantor of employee protection even as it encourages decreasing labour costs to ensure that companies remain competitive. The comparative approach offered in this book adds to this synthesis by providing examples of speci c recent developments in fourteen Member States and Turkey. Among the numerous topics and issues that arise are the following: – ‘opt-out’ clauses that derogate unfavourably from sectoral agreement standards; – extension of the employer’s unilateral decision-making power; – ‘memoranda of understanding’ imposed by the ‘troika’ (EU, ECB, and IMF); and – ‘stand-by arrangements’ imposed by the IMF. However, notwithstanding the strong emphasis on changing the structure of collective agreements by shifting the centre of gravity closer to the company, research nds promise in the reconstituted support for sector-level agreements increasingly found among very small businesses, networked businesses, and work via digital platforms. This is the rst book to take stock of the current state of collective bargaining in Europe. It is an essential study for labour and employment law practitioners, and an exemplary analysis of immeasurable value to policymakers and academics in the eld.