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Legal Regulation of the Employment Relation (Hardcover)
Loot Price: R7,540
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Legal Regulation of the Employment Relation (Hardcover)
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Discussion of labour law issues from a regulatory perspective is
often heavily influenced by certain types of economic analysis and
tends to support deregulation of labour markets. While many
European countries and the EU itself are committed to ideals of
labour standards expressed in such documents as the Charter of
Social Rights, there is a noticeable hesitation in enacting these
rights due to the fear of adverse economic consequences. The essays
in this volume aim to redress the balance in the contemporary
regulatory debate by embracing other interdisciplinary perspectives
and scrutinizing carefully the justifications for and against
special regulation for employment contracts. The book examines
labour law as the regulation of a particular kind of contractual
relationship, that is, contract of employment, and of the
institutional framework, including trade unions, collective
bargaining, managerial hierarchies, government departments and
agencies, within which it operates. This perspective differs from
that of most contemporary studies of labour law by emphasising its
public, regulatory character, rather than its origin in private
law. Thirty-one expert papers explore a range of issues affecting
employment regulation and protection in international, EU and
English law, including labour law and economic theory, EU
discrimination law, collective bargaining and consultation,
regulation of public services, stakeholding, labour market
deregulation, the impact of competition law, trade union rights,
transfer of undertakings, contract law, unfair dismissal and
self-regulation. Together the essays comprise a fundamental
reassessment of the need for special regulation of the employment
relation. This collection of essays arose from the W.G. Hart Legal
Workshop, held at the Institute of Advanced Legal Studies, London,
in 1999.
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