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Books > Law > Laws of other jurisdictions & general law > Financial, taxation, commercial, industrial law > Employment & labour law

Health and Safety At Work. European and Comparative Perspective - European and Comparative Perspective (Hardcover): Edoardo Ales Health and Safety At Work. European and Comparative Perspective - European and Comparative Perspective (Hardcover)
Edoardo Ales
R5,078 Discovery Miles 50 780 Ships in 10 - 15 working days

The safety obligation in any employment relationship, enshrined in numerous laws and regulations, must necessarily absorb advances in medicine and technology. The law of health and safety at work is perhaps best understood as an ongoing process engaged in the making of a dynamic and effective regulatory framework able to cope with an ever-changing work environment. This book, an in-depth survey of the current state of health and safety law in Europe represents the work of labour lawyers involved into the Pontignano International Seminars and into the European Working Group on Labour Law (EWL). The seventeen contributing labour lawyers provide national reports from ten EU Member States, along with a chapter on EU law relating to health and safety and a concluding comparative analysis. Among the topics examined are the following:; the concepts of 'health', 'danger', and 'risk'; employers' obligations to inform, evaluate, and monitor; rights and duties of workers' representatives with regard to health and safety at work;; the obligation to carry out a systematic work environment management; reintegration efforts required from the employer and employee; instruments available to help the employer in the proper fulfilment of safety obligations; the interaction between health and safety regulation and the social security system; labour inspection;; civil, administrative and criminal liability of the employer; specific legislation regarding pregnant women; protection of other vulnerable groups; moral harassment or 'mobbing'; sexual harassment; work-related stress;; the concept of penibilite au travail; effect of a company's hierarchical structure on liability; and domestic workers and home-workers.

Social Dialogue and Democracy in the Workplace - Trade Union and Employer Perspectives from Turkey (Hardcover, 1st ed. 2019):... Social Dialogue and Democracy in the Workplace - Trade Union and Employer Perspectives from Turkey (Hardcover, 1st ed. 2019)
Erdem Cam
R2,620 Discovery Miles 26 200 Ships in 10 - 15 working days

This book focuses on the experience of social dialogue in Turkey, which is a European Union candidate country. It argues that social dialogue constitutes one of the fundamental pillars of European social model and therefore should be analysed not only at the supranational level but also at the national, sectoral and workplace levels. The book critically examines social dialogue processes and mechanisms in Turkey at various levels, with focus on the workplace because it is shaped by socio-cultural elements which contain many variables. The book also identifies the shortcomings and structural impediments of social dialogue, and provides an empirically grounded theoretical explanation of social dialogue in Turkey. In the process, the book explains and clarifies key concepts to help readers grasp important points relevant to social dialogue, and contains interviews with social partners to take into consideration their views and recommendations on social dialogue. These in-depth interviews also provide a rare insight into the dynamics of social dialogue on the ground. By looking at social dialogue at various levels, the book offers a balanced view of its strengths and weaknesses in Turkey. This book is a valuable tool for students, academics and researchers interested in understanding the complex dynamics of social dialogue and workplace relations in Turkey.

Restatement of Labour Law in Europe - Vol I: The Concept of Employee (Hardcover): Bernd Waas, Guus Heerma Van Voss Restatement of Labour Law in Europe - Vol I: The Concept of Employee (Hardcover)
Bernd Waas, Guus Heerma Van Voss
R7,555 Discovery Miles 75 550 Ships in 12 - 17 working days

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

Right-to-Work Laws and the Crumbling of American Public Health (Hardcover, 1st ed. 2018): Deborah Wallace, Rodrick Wallace Right-to-Work Laws and the Crumbling of American Public Health (Hardcover, 1st ed. 2018)
Deborah Wallace, Rodrick Wallace
R1,506 Discovery Miles 15 060 Ships in 10 - 15 working days

This book discusses the socioeconomic effects of Right-to-Work (RTW) laws on state populations. RTW laws forbid requiring union membership even at union-represented worksites. The core of the 22 long-term RTW states was the Confederacy, cultural descendants of rigidly hierarchical agrarian feudal England. RTW laws buttress hierarchy and power imbalance which unions minimize at the worksite and by encouraging higher educational attainment, social mobility, and individual empowerment through group validation. Contrary to claims of RTW proponents, RTW and non-RTW states do not differ significantly in unemployment rates. RTW states have higher poverty rates, lower median household incomes, and lower educational attainment on average and median than non-RTW states. RTW states on average and median have lower life expectancy, higher obesity prevalence, and higher rates of all-cause mortality, early mortality from chronic conditions, child mortality, and risk behaviors than non-RTW states. The higher mortality rates result in startlingly higher annual numbers of years of life lost before age 75. Stroke mortality at age 55-64 in RTW states results in nearly 10,000 years annually lost in excess of what it would be if the mortality rate were that of non-RTW states. A review of respected publications describes the physiological mechanisms and epidemiology of accelerated aging due to socioeconomic stress. Unions challenge hierarchy directly at work-sites and indirectly through encouraging college education, social mobility, and community and political engagement. How startling that feudal hierarchy lives in 21st century America, shaping vast differences between states in macro- and micro-economics, educational attainment, innovation, life expectancy, obesity prevalence, chronic disease mortality, infant and child mortality, risk behaviors, and other public health markers! Readers will gain insight about the coming clash between feudal individualism and adaptive collectivism, and, in the last chapter, on ways to win the clash by "missionary" work for collectivism.

China's Path to Development - Against Neoliberalism (Hardcover, 1st ed. 2021): Ali Kadri China's Path to Development - Against Neoliberalism (Hardcover, 1st ed. 2021)
Ali Kadri
R2,862 Discovery Miles 28 620 Ships in 10 - 15 working days

This book is a treatise against neoliberalism illuminated by the path of China. China is a model to be mimicked, but more so theoretically than by replication. If anything, nations of the global South must rid themselves of neoliberally imposed 'one-size-fits all' models, instrumentalised to shift value to US empire. Neoliberal models, robbing nations of their histories and resources, are negative 'best practice' serving the interests of the hegemon. Developing nations need to search for the theory that corresponds to their own conditions and development strategies. China's experience, anchored in labour as the historical agent, offers numerous theoretical cues as to how to build comparable home-grown paths. Thinking development with a subject voids reductionist politics in favour of sober class analysis. The study concludes by restating the age-old wisdom that there is no development without the rule of labour.

Employee Benefits and Executive Compensation - Proceedings of the New York University 59th Annual Conference on Labor... Employee Benefits and Executive Compensation - Proceedings of the New York University 59th Annual Conference on Labor (Hardcover)
David J. Reilly, Samuel Estreicher
R5,616 Discovery Miles 56 160 Ships in 10 - 15 working days

Most employers know that rewarding their best workers is good business. However, the returnA" on such investment is difficult to measure, and wise employers think long and hard about two of their largest expense items - employee benefits and executive compensation. Today in the United States, under the glare of issues raised by the current financial crisis, company-sponsored benefits programs have become mere shadows of what they once were, and executive compensation has come under intense scrutiny to the point where the Treasury Department monitors it at companies receiving federal assistance. In recognition of the growing importance of employee benefits and executive compensation issues, the Center for Labor and Employment Law at New York University School of Law dedicated New York University's 59th Annual Conference on Labor to an in-depth examination of these topics. This volume of the proceedings of the 2006 conference contains papers presented at that meeting, all here updated to reflect recent developments. It also includes contributions from other practitioners and academics with extensive knowledge and experience in this specialized field of labor and employment law. Among the topics presented and discussed are the following: - the structure and adequacy of the U.S. system of providing for retirement income; - alternative models of providing retirement benefits, including a government-provided livable pension; - accounting standards as a silent regulatorA" of defined benefit pension plans; - impact and implications of the Pension Protection Act of 2006 (PPA); - benefits issues for foreign workers in the United States, both documented and undocumented; - issues for companies that adopt stock acquisition programs as an employee compensation vehicle; - recent healthcare reform proposals at the state level as pilot projects for a national system; - the ERISA preemption scheme and denial of coverage under an ERISA-governed health care plan; and - attorney conflict of interest situations under ERISA. As always, this annual conference captures valuable insights and syntheses of central labor and employment law issues in the United States and will be of great value to practitioners and academics in the field.

EU Industrial Relations v. National Industrial Relations - Comparative and Interdisciplinary Perspectives (Hardcover): Mia... EU Industrial Relations v. National Industrial Relations - Comparative and Interdisciplinary Perspectives (Hardcover)
Mia Ronnmar
R4,876 Discovery Miles 48 760 Ships in 10 - 15 working days

The relationship between the national and international has been central in the debate on the impact of globalisation on national patterns of employment relations. While some industrial relations researchers in recent years have put forward evidence not of convergence, but rather of continuing national diversity in employment relations, others see a complex power-sharing interplay emerging for which Europe is the laboratory. This ground-breaking book asks: Do EU or European industrial relations exist? What characterises EU industrial relations and their development? What are the differences between EU industrial relations and national industrial relations?Twelve outstanding authorities from seven countries discuss the theme from a variety of perspectives. Originally presented at an international and interdisciplinary research workshop held at the Faculty of Law at Lund University in November 2007, the essays probe a range of highly topical and important legal and industrial relations issues and developments, including the implications of the epochal and much-debated Laval and Viking cases from the European Court of Justice. The focus is on the EU dimension of industrial relations, common to the Member States, and not on comparative European industrial relations. The authors raise and discuss such crucial issues as the following:A* the power relationship and interactions between the social partners within the framework of the social dialogue;A* growing problems of posting of workers, low wage competition, and 'social dumping';A* approaches to creating an EU legal framework for transnational collective agreements; A* the right to take industrial action in order to achieve collective agreements; A* the fundamental asymmetry between the scope of action of players in companies and territories affected by restructurings;A* information, consultation and worker participation;A* potential benefits of increased tripartite co-operation between the social partners and governments; A* compatibility of the Swedish or Nordic system with the four freedoms and its eligibility as a European model; andA* issues of private international law arising from collective actions with transnational implications.An appendix includes relevant EC legislation and the ECJ opinions in Laval and Viking.E U Industrial Relations vs National Industrial Relations explores an emerging and still inchoate realm of law that is heavily fraught with implications for the near future of social relations, not only in Europe but worldwide. Labour lawyers and policymakers will greatly appreciate its precise stocktaking, its insightful analysis, and its well-informed recommendations on how to proceed in the realm of practical law.

Global Labor and Employment Law for the Practicing Lawyer - Proceedings of the New York University 61st Annual Conference on... Global Labor and Employment Law for the Practicing Lawyer - Proceedings of the New York University 61st Annual Conference on Labor (Hardcover)
Samuel Estreicher, Andrew P. Morris
R5,987 Discovery Miles 59 870 Ships in 10 - 15 working days

In an increasingly global economy fraught with foreign law land mines, the breadth of concerns for lawyers advising clients employing or employed across borders is vast and growing. Finding ways to realize the expectations of the parties when the employment relationship spans multiple jurisdictions with potentially conflicting policies, different conceptions of employment, and even different vocabularies to describe employment events is a major challenge. In recognition of the growing importance of global labour and employment law, the Center for Labor and Employment Law at New York University School of Law dedicated its 61st Annual Conference on Labor to an in-depth examination of issues arising in this area. This volume of the proceedings of the 2008 conference contains papers presented at that meeting, all here updated to reflect recent developments, as well as additional contributions from other practitioners and academics with extensive knowledge and experience in the field. Experts from both the practicing bar and academia - twenty-seven in all - use their unique strengths to address issues worthy of concern in each juridical realm. Among the many important topics presented and discussed are the following: * application of international law soft normsA" through domestic legal systems; * jurisdictional issues in employee benefits; * extraterritorial application of the U.S. Employment Retirement Income Security Act (ERISA); * impact of the application of international human rights standards to employment issues; * drafting of specific types of employment agreements in a multijurisdictional context; * obstacles to cross-border enforcement of restrictive covenants; * how U.S. securities law affects global stock option plans; * workplace electronic privacy issues; * publicly mandated social benefits; * effect of both immigrant and non-immigrant visas on high-skill workers; * how bilateral labor agreements can solve transnational immigration problems; * codes of business conduct; * role of labor rights in foreign direct investment; * application of anti-discrimination laws to religious discrimination across jurisdictions; and * whistleblower protection. An unusual feature of this volume in the series is its in-depth attention to comparative law in the field, with exploration of developments in China, France, and New Zealand, as well as in European Union law. As always, this annual conference captures valuable insights and syntheses of central labour and employment law issues and will be of great value to practitioners and academics in the field. With insights that can assist lawyers engaged in counselling both employers and employees, this volume goes a long way toward meeting the expectations of both employee and employer at various stages of the employment relationship, and handling the disputes that inevitably arise.

The Legal Status of Sportsmen and Sportswomen under International, European and Belgian National and Regional Law (Hardcover,... The Legal Status of Sportsmen and Sportswomen under International, European and Belgian National and Regional Law (Hardcover, 2003 Ed.)
Roger Blanpain
R5,900 Discovery Miles 59 000 Ships in 10 - 15 working days

Although the European Court of Justice ruled in Bosman (1995) that professional sportsmen and sportswomen are free at the end of their contracts, they are still at the mercy of the clubs that employ them. Such pretexts as the "special nature" of sport publicly urged by such European eminences as Tony Blair and Gerhard Schroder have institutionalized the human trafficking of players, depriving them of basic rights guaranteed under all the laws enjoyed by Europeans. They may be well-paid as long as they are in the limelight, but they have no surety. They can be, and are, bought and sold repeatedly, each time returning profits to those who trade in their athletic prowess. In this searing indictment, Professor Blanpain underscores the demonstrable illegality of the current transfer system imposed by the International Federation of Football Associations (FIFA). He describes in detail the complex ramifications of FIFA's rules in the lives of players, clearly revealing how the fundamental rights of players to free movement and freedom of labour are systematically denied. He calls for the courts, from the European Court of Justice on down, to recognize this illegality and act to enforce the Bosman judgement. Professor Blanpain examines all the crucial legal issues involved. These include the following: the classification of sportsmen and sportswomen as "workers"; the nature of the contract between player and club; the legal capacity of minors to enter into an employment contract; the trade in foreign (frequently African and South American) players with no legal rights in Europe; disciplinary rules; training compensation fees; placement and status of players' agents; dispute resolution; and conflicts with competition law. An extensive array of documents, including the FIFA Transfer Regulations and material leading to the March 2001 agreement between FIFA and the European Commission, is included in a series of annexes.

Extraterritorial Employment Standards of the United States - The Regulation of the Overseas Workplace (Hardcover, New): James... Extraterritorial Employment Standards of the United States - The Regulation of the Overseas Workplace (Hardcover, New)
James M. Zimmerman
R2,760 Discovery Miles 27 600 Ships in 10 - 15 working days

This book offers an exhaustive analysis of extraterritorial employment standards. Part I addresses the U.S. role in the enforcement of internationally recognized worker rights in the world community. Worker rights include the right of association; the right to organize and bargain collectively; a prohibition on the use of any form of forced or compulsory labor; a minimum age for the employment of children; acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health; and the right to work in an environment free from discrimination. By using economic coercion in the form of preferential trade benefits, investment incentives, and trade sanctions, the United States attempts to encourage foreign governments and employers, both local and transnational, to abandon exploitative working conditions for employment standards recognized by the world community. Part II is an exhaustive review of employment standards for U.S. citizens employed abroad, including equal employment opportunity standards. It also addresses extraterritorial wage and hour regulation and federal statutes establishing worker compensation standards to persons employed at military installations or in areas where the risk of war hazards are prevalent. Part III is a discussion of the policy concerns and implications of extraterritorial employment standards. These standards impact domestic producers, domestic workers and their representative organizations, consumers, exporters and importers, as well as multinational enterprises and their employees. This book is indispensable for managers, legal counsel for employers and employees, and policy makers and labor leaders in any industry having contact with the global economy.

Regulating Labour in the Wake of Globalisation - New Challenges, New Institutions (Hardcover, New): Brian Bercusson, Cynthia... Regulating Labour in the Wake of Globalisation - New Challenges, New Institutions (Hardcover, New)
Brian Bercusson, Cynthia Estlund
R3,223 Discovery Miles 32 230 Ships in 12 - 17 working days

In recent decades, the prevailing response to the problem of unacceptable labour market outcomes in both Europe and North America - national regulation of labour standards and labour relations, coupled with collective bargaining - has come under increasing pressure from the economic and technological forces associated with globalisation. As those forces have shifted power away from national governments and labour unions and toward capital, the appropriate institutional locus of labour regulation has become hotly contested. There have been efforts to move the locus of regulation downward to smaller units of governance, including firms themselves, upward to larger units such as regional federations and international organizations, and outward to non-governmental organizations and civil society. In this volume, labour relations scholars from North America and Europe examine the efficacy of these emerging forms of labour regulation, their democratic legitimacy, the goals and values underlying them, and the appropriate direction of reform.

Expats in Germany - Inbound and Outbound - Questions frequently asked by foreigners (Hardcover): Nicole Elert, Christopher T... Expats in Germany - Inbound and Outbound - Questions frequently asked by foreigners (Hardcover)
Nicole Elert, Christopher T Brooks
R2,436 R1,871 Discovery Miles 18 710 Save R565 (23%) Ships in 10 - 15 working days

The increasing internationalization of business leads to a cornucopia of differing cross-border exchanges in one's daily work. Participants and other beneficiaries of this internationalization include not only multi-national companies but also SMEs (small and mid-sized enterprises), for which the increased global market access offers substantial opportunities. With the growth of internationalization, too, comes an increase in employee assignments. In business practice, the number of questions from foreign companies, management, HR, tax and legal professionals, investors and non German employees etc., ist growing. In order to be certain that sending employees to or from Germany on work assignments can take place as smoothly and efficiently as possible, relevant questions asked by companies and workers need to be taken into consideration. This text does just that with a focus on answering common expat-relevant questions posed by professionals. It is a reference work for those foreigners subject to and applying German law.

Fair Employment Strategies in Human Resource Management (Hardcover): Richard S. Barrett Fair Employment Strategies in Human Resource Management (Hardcover)
Richard S. Barrett
R2,793 Discovery Miles 27 930 Ships in 10 - 15 working days

Twenty-eight nationally recognized authorities on various aspects of fair employment laws and practices provide sound, innovative, state-of-the art procedures to select job applicants and predict their success. Written by personnel psychologists, attorneys, and human resource specialists, the book helps executives reduce adverse impacts on minorities, women, and older and disabled workers while providing them with the means to develop, evaluate, and if necessary participate in the litigation of employee selection procedures. It will also provide understanding of the ways that personnel psychologists construct and validate tests and how adverse impact is evaluated and interpreted by the Supreme Court. This is an accessible, hands-on resource for executives in various capacities, students in fields related to employee selection, and attorneys concerned with fair employment litigation.

Dr. Barrett points out that human resource people need to learn more about the selection procedures that fairly and accurately identify the most talented members of the applicant pool. Baffled by the way personnel psychologists do their testing, they need ways to evaluate for themselves what the psychologists are telling them. Those who are already familiar with the tools of testing, such as psychometrics, statistics, and test construction, need understanding for how these tests are related to fair employment. Lawyers involved in fair employment litigation need information on how these tools and tactics can be used in the preparation of cases. Dr. Barrett's book provides this information in chapters devoted to the development of fair employment law, ethical standards relating to fair employment testing, standards for job relatedness of selection procedures and the variety of selection procedures available. The book also covers gender issues, the role of the EEOC and other government agencies, the Americans with Disabilities Act, and of special value to HR professionals and executives in other capacities, a checklist to help evaluate the fairness and validity of tests.

Redundancy Law in Europe (Hardcover): Maarten van Kempen, Lisa Patmore Redundancy Law in Europe (Hardcover)
Maarten van Kempen, Lisa Patmore
R4,426 Discovery Miles 44 260 Ships in 10 - 15 working days

The clear objective of European law in relation to redundancy-defined in the consolidated Collective Redundancies Directive (98/59) as 'dismissals effected by an employer for one or more reasons not related to the individual workers concerned'-is to promote industrial democracy. Thus, employees enjoy a consultative role in the decision making process, and a level of protection is provided to employees who are displaced. However, specific legal criteria vary when it comes to restructuring companies in different countries. This book provides an overview of the relevant legislation regarding redundancy schemes in each of the 27 EU Member States, as well as Russia and Switzerland. Following an introductory chapter describing the European directive regarding mass redundancies, 29 country reports written by one or more experienced employment lawyers from the respective country offer overviews of relevant national legislation and case law regarding timing, information and consultation, risks, and costs, as well as practical legal guidance.The individual reports cover how each jurisdiction deals with such practical matters as the following:A* freedom of management to organise and to reorganise businesses; A* enhancement of employee rights;A* voluntary redundancy and voluntary early retirement programmes; A* circumstances where an employer is proposing to effect a change of terms and conditions of employment; A* the 'ten percent rule' model (comparing the number of redundancies proposed to the total workforce) versus the 'aggregate' model (which focuses on the total number of redundancies to be declared);A* definition of 'establishment' for the purpose of applying the consultation threshold; A* exceptions (e. g., fixed term contracts, contracts which are task related and where the task has been completed, public administrative bodies, establishments governed by public law, and the crews of sea-going vessels);A* details of local law provisions concerning employee representatives-local Works Councils, Comites d'Entreprise, trade unions, or groups specifically elected for the purpose;A* what must be covered in the consultation agenda; A* obligation on the part of the employer to make all relevant information available-e.g., reasons, number of categories of workers to be made redundant, number and categories of workers normally employed, period over which redundancies are to be effected, selection criteria, and payment; andA* notification to the relevant 'competent public authority' of the impending redundancies.This book will be enormously helpful to all who deal professionally with employment law in one or more countries in Europe. Legal counsel as well as HR directors will find it of great value in numerous situations that arise constantly in the day-to-day conduct of business.

Labor and Employment Law Initiatives and Proposals Under the Obama Administration - Proceedings of the New York University 62nd... Labor and Employment Law Initiatives and Proposals Under the Obama Administration - Proceedings of the New York University 62nd Annual Conference on Labor (Hardcover)
Zev. J. Eigen, Samuel Estreicher
R5,362 Discovery Miles 53 620 Ships in 10 - 15 working days

Barack Obama's famous Blueprint for Change,A" part and parcel of the campaign that culminated in his historic election as U.S. president in November 2008, openly announced his support for the Employee Free Choice Act (H.R. 1409) suggesting that major change was imminent in U.S. labor and employment law. Although promised legislative change has yet to materialize, there appears to be a growing consensus that the current system for addressing employment disputes in union-represented and non-union workplaces deserves renewed attention and needs significant restructuring. Thus, the issues taken up by this prominent U.S. conference remain relevant to policy debates which will likely continue to rage in the United States for years to come. Based on papers delivered at the 2009 conference of the New York University School of Law's Center on Labor and Employment Law - the 62nd in this venerable and highly influential series - the book presents articles updated by the authors to reflect more recent developments, as well as new papers to ensure a comprehensive and current analysis of both what has actually changed and which trends seem to be gaining momentum. Twenty-two outstanding scholars and practitioners in U.S. labor law and practice pay special attention to such issues as the following: * mandatory arbitration of employment disputes in non-union sector; * call for improved administration of the National Labor Relations Act in expediting elections and reinstating discriminatees; * more privatized forms of dispute resolution such as arbitration and mediation; * card-check and neutrality agreements bypassing government processes; * proposed reform of the Age Discrimination in Employment Act; * evaluating market-based defenses to pay equity claims; * EEOC initiatives in public enforcement of equality law; and * challenges to labor relations in state and local governments. . As always, this important annual publication offers definitive current scholarship in its theme area of labor and employment law. As such, it will be of inestimable value to practitioners, government officials, academics, and others interested in developments in U.S. employment and labor relations law and practice.

Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law - Challenges and Innovative Tools... Comparative Perspectives on the Enforcement and Effectiveness of Antidiscrimination Law - Challenges and Innovative Tools (Hardcover, 1st ed. 2018)
Marie Mercat-Bruns, David B. Oppenheimer, Cady Sartorius
R8,916 Discovery Miles 89 160 Ships in 12 - 17 working days

This book focuses on anti-discrimination law in order to identify commonalities and best practices across nations. Almost every nation in the world embraces the principle of equality and non-discrimination, in theory if not in practice. As the authors' expert contributions establish, the sources of the principle vary considerably, from international treaties to religious law, traditions and more. There are many approaches to methods of enforcement and other variables, but the principle is nearly universal. What does a comparison of the laws and approaches across different lands reveal? Readers may explore the enforcement and effectiveness of anti-discrimination law from 25 nations, across six continents. Esteemed authors examine national, regional and international systems looking for common and best practices, identifying innovative approaches to long-standing problems. The many ways that anti-discrimination law is enforced are brought to light, from criminal or civil prosecution through to community resolution processes, amongst others. Through comparing the approaches of different lands, the authors consider which methods of enforcement are effective. These enriching national and international perspectives highlight the need for more creative, concrete and coordinated means of enforcement to ensure the effectiveness of anti-discrimination law, regardless of the legal tradition concerned, but in light of these traditions. Readers will find each nation remarkable, and learn something new and interesting from each report.

The Lisbon Treaty and Social Europe (Hardcover, New): Niklas Bruun, Klaus Loercher, Isabelle Schoemann The Lisbon Treaty and Social Europe (Hardcover, New)
Niklas Bruun, Klaus Loercher, Isabelle Schoemann
R2,737 Discovery Miles 27 370 Ships in 12 - 17 working days

On 1 December 2009 the Treaty of Lisbon entered into force. Although often described as primarily technical, it significantly amended the Treaty on the European Union (TEU) and the old EC Treaty (now the Treaty on the Functioning of the European Union, TFEU). The authors' aim in this book is to explore what the Treaty means for social law and social policy at the European level. The first part of the book on the general framework looks - at a time of financial crisis - for new foundations for Europe's Social market economy, questions the balance between fundamental social rights and economic freedoms, analyses the role of the now binding Charter of Fundamental Rights, maps the potential impact of the horizontal clauses on social policy and addresses the possibilities for social partners to enlarge their role in labour law and industrial relations. The second part, on the social framework of the Treaty, focuses on the development of the Union's competences. In it the authors evaluate the consequences of the new general framework on social competences, analyse the evolution of the principle of subsidiarity and its impact in the new Treaty, look at the coordination of economic policies in the light of fundamental rights, and analyse the adoption in the Treaty of a new architecture for services of general interest.

Corporate Lawbreaking and Interactive Compliance - Resolving the Regulation-Deregulation Dichotomy (Hardcover, New): Joseph... Corporate Lawbreaking and Interactive Compliance - Resolving the Regulation-Deregulation Dichotomy (Hardcover, New)
Joseph Murphy, Jay A. Sigler
R2,758 Discovery Miles 27 580 Ships in 10 - 15 working days

In their book Interactive Corporate Compliance, Jay Sigler and Joseph Murphy proposed a system in which government scrutiny of business is reduced in return for self-regulatory vigilance. In this follow-up collection of essays, Sigler and Murphy seek to meet the challenge of putting such a policy into practice. A series of essays detail a variety of suggestions for implementing such a system, as well as some forms of interactive compliance already in use.

A brief foreword by John Braithwaite is followed by a chapter in which the editors fully explain the compliance approach to business-government relationships. Subsequent contributions include Attorney General Robert Abrams' three-part strategy for corporate compliance, a proposed legal standard to reward corporate due diligence in implementing codes of conduct, accounts of different experiments with interactive compliance in the United States, and a case study using interactive compliance to regulate restaurant health standards. Among the other topics discussed are programs that confront middle managers with corporate criminals, the educational failings of law and business schools, and insights into why negotiated compliance delivers better outcomes at lower costs. The volume concludes with predictions for corporate conduct in the 1990s. With its innovative approach to government-business relations, this work will be an important resource for professionals in all types of business, government, and legal positions.

Progressive Lawyers under Siege - Moral Panic during the McCarthy Years (Hardcover): Colin Wark, John F. Galliher Progressive Lawyers under Siege - Moral Panic during the McCarthy Years (Hardcover)
Colin Wark, John F. Galliher
R2,491 Discovery Miles 24 910 Ships in 12 - 17 working days

This is a study of a progressive law firm and its three partners. The firm was founded in 1936 and existed until the death of one partner in 1965. The partners were harassed by the FBI primarily for defending labor union members and leaders and the defense of both. The firm's primary client was Harry Bridges, the long term President on the International Longshoreman's and Warehouseman's Union (ILWU). The irony was that the more the FBI persecuted labor unions, the more business the firm had from those harassed by the FBI. During this time the FBI was primarily interested in controlling the Communist Party. While the clients of the firm were sometimes Communists, the law partners were not Communist Party members. In both of these ways the FBI was wasting its time in persecuting this firm. Although the primary data used involved existing records (for example all of the partners had extensive FBI files), we also interviewed colleagues and relatives of the partners.

The Way from Dusty Death - Turner and Newall and the Regulation of the British Asbestos Industry 1890s-1970 (Hardcover): P.W.J.... The Way from Dusty Death - Turner and Newall and the Regulation of the British Asbestos Industry 1890s-1970 (Hardcover)
P.W.J. Bartrip
R5,370 Discovery Miles 53 700 Ships in 12 - 17 working days

This study explores the regulation of occupational health in the British asbestos industry from the recognition in the late 1890s that asbestos dust might pose a health hazard until the establishment of the 1969 Asbestos regulations. Whereas almost all of those who have written on this subject have attacked the entire asbestos industry and all its works, The Way from Dusty Death takes a more balanced view. It accepts the history of asbestos and health as in many ways a human tragedy, but it rejects simplistic, universalised arguments that this has been a tragedy with a cast only of villains, dupes and victims. The historical account includes the emergence of medical, and then official, concern about the three diseases related to asbestos (asbestosis, lung cancer and mesothelioma) the legislative process during and after the 1930s and the impact of the 1931 Asbestos Industry Regulations. The book brings together much previously unexamined material - including copious government records, combined with unimpeded access to the vast archive of documents kept by the leading British asbestos manufacturer, Turner and Newall - to present a unique analysis of occupational health and its regulation in the 20th Century.

Labour Law, Human Rights and Social Justice - Liber Amicorum in Honour of Ruth Ben-Israel (Hardcover): Roger Blanpain Labour Law, Human Rights and Social Justice - Liber Amicorum in Honour of Ruth Ben-Israel (Hardcover)
Roger Blanpain
R5,359 Discovery Miles 53 590 Ships in 10 - 15 working days

Social justice and the market economy often seem to be on a collision course. Human dignity and equal treatment are of little commodity value. More and more, however, labour law theorists are insisting that, without more serious attention to human rights in the workplace, the dominance of market-driven economics will continue to engender grave and potentially explosive social problems. This collection of essays -- composed in honour of the leading labour law and social security jurist Ruth Ben-Israel -- offers incisive perspectives on this vital aspect of today's post-industrial society. Featuring the most recent views of a virtual who's who of major labour law authorities, the book includes in-depth analyses of such important aspects of the field as the following: + workplace representation; + safety and health at work; + labour conflicts; + labour courts; + the ILO supervisory system; + right to strike; + employee privacy; + enterprise reorganisation; and + treatment of blue collar vs. white collar workers. All issues are treated from a comparative legal viewpoint, with valuable contributions from Germany, Italy, Belgium, the Netherlands, the United Kingdom, the United States, Israel, and Japan. Ruth Ben-Israel is notable for her commitment -- as teacher, writer, and international advisor - to the continuity and expansion of social justice as the welfare state has increasingly succumbed to the pressure of the corporate-driven global economic model. Her extensive body of work emphasizes collective bargaining, strikes and lockouts, workers' participation, equal employment opportunity (especially for women), and unfair dismissal. Labour Law, Human Rights and Social Justice is a faithful and fitting tribute from her colleagues to her determination and eloquence in pursuing this most worthy of goals.

Employment Protection Legislation in Emerging Economies (Hardcover): Samir Amine Employment Protection Legislation in Emerging Economies (Hardcover)
Samir Amine
R5,224 Discovery Miles 52 240 Ships in 12 - 17 working days

New developments in legislation have increased the availability of employment. These advances result in long-term improvement of economic and sustainable development. Employment Protection Legislation in Emerging Economies is a critical scholarly resource that examines legislation relating to employment protection in developing economies and its impacts on unemployment, job creation, productivity, and the efficiency of the labor market. Featuring coverage on a broad range of topics, such as labor reform, job creation, and the social protection agenda, this book is geared towards academicians, practitioners, and researchers seeking current research on legislation relating to employment protection.

Discrimination as Stigma - A Theory of Anti-discrimination Law (Hardcover): Iyiola Solanke Discrimination as Stigma - A Theory of Anti-discrimination Law (Hardcover)
Iyiola Solanke
R3,220 Discovery Miles 32 200 Ships in 12 - 17 working days

This monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an 'anti-stigma principle', promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.

Decent Flexibility - ILO-Convention 181 and the Regulation of Agency Work (Hardcover): Fred C. A. Van Haasteren Decent Flexibility - ILO-Convention 181 and the Regulation of Agency Work (Hardcover)
Fred C. A. Van Haasteren
R4,746 Discovery Miles 47 460 Ships in 10 - 15 working days
Use and Monitoring of E-mail (Hardcover): Roger Blanpain, Marc Van Gestel Use and Monitoring of E-mail (Hardcover)
Roger Blanpain, Marc Van Gestel
R6,643 Discovery Miles 66 430 Ships in 10 - 15 working days

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.

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