International and comparative labour law : current challenges

Başlık:

Yazar:

Bronstein, Arturo S.

ISBN:

9780230228221

9789221212027

Ek Yazar:

Bronstein, Arturo S.

Yayım Bilgisi:

Basingstoke, UK ; New York : Palgrave Macmillan, 2009.

Fiziksel Tanım:

xxxii, 285 pages ; 24 cm

Contents:

Labour law at a crossroads -- Who is protected by labour law? -- Security of employment -- Global trade and labour law -- Legal subordination and the fundamental rights of the person: an uneasy cohabitation in the workplace -- Regional perspectives -- Final remarks.

1. Labour law at a crossroads -- 2. Who is protected by labour law? -- 3. Security of employment -- 4. Global trade and labour law -- 5. Legal subordination and the fundamental rights of the person, and uneasy cohabitation in the workplace -- 6. Regional perspectives -- 7. Final remarks.

Konu Terimleri:

İş hukuku, Uluslararası.

Labor laws and legislation, International.

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Library	Materyal Türü	Barkod	Yer Numarası	Durum
Searching... Pamukkale Merkez Kütüphanesi	Kitap	0103063	K1705 B76 2009	Searching... Unknown

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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.

Author Notes

Arturo Bronstein specializes in international and comparative labour law. In recent years he provided advice on the revision of the Labour Law, in several countries of Central Europe, such as (then) Serbia-Montenegro, Bosnia-Herzegovina, Romania, Ukraine, Slovakia and the territory of Kosovo. He also advised in 2001 the government of Cambodia, on the adoption of rules on enterprise level collective bargaining and collective disputes arbitration. He has authored many publication in the field of labour law and relations.
Having served at the ILO for 31 years, culminating in an appointment to Senior Labour Policy Advisor, Arturo Bronstein has been influential in putting in place labour standards internationally. He left the ILO in November 2005, and since retiring has been lecturing on international and comparative labour law at the universities of Buenos Aires (Argentina), York (Ontario, Canada), Sydney (Australia) and Pairs X-Nanterre (France). He is the current Secretary General of the International Society for Labour and Social Security Law: www.asociaction.org.ar/ISLLSS

Foreword	p. xii
Table of cases	p. xiv
Table of legislation	p. xx
1 Labour law at a crossroads	p. 1
Labour law's origins and influences	p. 1
Sources of labour law	p. 4
Constitutions	p. 4
Statutory regulations	p. 4
Collective agreements	p. 5
International law	p. 6
Case law	p. 7
The labour law model from 1945 to 1975	p. 8
The standard employment relationship	p. 9
Worldwide changes and the emergence of a new work paradigm	p. 11
The labour flexibility debate and the spread of atypical employment	p. 11
International competition	p. 17
Technological change and the emergence of post-Fordist organizational patterns	p. 18
The end of the Cold War	p. 20
Current crises in labour law	p. 22
2 Who is protected by labour law?	p. 30
Labour law and the informal economy	p. 30
Towards a legal definition of the 'informal economy'	p. 31
Policy issues	p. 34
Atypical work: from rejection to integration in labour law	p. 38
Dependent-independent workers and the 'defocusing' of the employment relationship	p. 44
Disguised employment relationships	p. 57
Decentralization of production and its impact on labour and employment relations: who is an employer?	p. 60
The challenges of outsourcing for labour law	p. 65
3 Security of employment	p. 69
Unfair dismissal: a controversial issue	p. 69
An increasing number of exceptions to unfair dismissal protection	p. 75
Limitations on the abuse of fixed-term employment contracts	p. 76
How effective are remedies for unfair dismissal?	p. 79
Notice provision and procedural safeguards	p. 80
Appeal and recourse	p. 81
4 Global trade and labour law	p. 86
Is substandard labour a legitimate comparative advantage?	p. 86
Strategies to address the relationship between international trade and labour rights	p. 91
International and supranational rules	p. 91
Harmonization	p. 93
The social clause: from WTO to ILO	p. 95
The ILO Declaration on Fundamental Principles and Rights at Work, 1998	p. 96
Labour-related provisions in multilateral and bilateral trade agreements	p. 102
North American Agreement on Labor Cooperation	p. 103
DR-Cafta	p. 107
Other agreements in the Americas	p. 108
Unilateral social clauses: the Generalized System of Preferences	p. 108
United States-Cambodia bilateral textile agreements	p. 110
Corporate social responsibility (CSR)	p. 111
Corporate codes of conduct	p. 114
Framework agreements	p. 115
NGOs' social responsibility standards	p. 121
ISO standards	p. 122
Pros and cons of CSR initiatives	p. 123
5 Legal subordination and the fundamental rights of the person: an uneasy cohabitation in the workplace	p. 124
Human rights and non-specific workers' rights	p. 124
Gender discrimination	p. 132
Equal pay	p. 133
Exceptions to the equal pay rule	p. 138
Equal treatment of men and women	p. 138
Access to certain jobs	p. 138
Pregnancy	p. 142
Night work, underground work and other jobs prohibited for women	p. 144
Racial discrimination	p. 148
Religious belief	p. 153
Other kinds of discrimination	p. 159
Family responsibilities	p. 161
Sexual harassment	p. 163
Sexual orientation	p. 166
Age	p. 167
Disability	p. 171
State of health and HIV/AIDS	p. 173
Affirmative (or positive) action	p. 176
Protection of privacy	p. 180
Video and telephone surveillance	p. 187
Freedom of thought and expression	p. 193
6 Regional perspectives	p. 195
The European Union	p. 195
The emergence of a supranational labour law	p. 195
The impact of certain recent ECJ rulings on labour relations in the European Union	p. 207
Labour law in former communist countries	p. 212
Labour law and transition	p. 215
Social dialogue in the post-communist states	p. 219
Latin America	p. 222
The development of labour law in Latin America	p. 222
Democracy, economic liberalization and labour law reforms	p. 226
Asia and the Pacific	p. 232
The Australian model of industrial relations	p. 233
Major labour law reforms in New Zealand	p. 235
Challenges to traditional labour models in Japan	p. 237
Recent developments across Asia and the Pacific	p. 239
South Africa	p. 240
Labour law and industrial relations under apartheid	p. 240
Post-apartheid reforms and the Labour Relations Act	p. 244
Regulating working conditions	p. 248
Discrimination and unfair dismissal	p. 249
Redefining the employment relationship	p. 251
A model for southern Africa	p. 253
7 Final remarks	p. 256
Bibliography	p. 259
Index	p. 269

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Table of Contents