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Regulation of Fixed-Term Employment Contracts - A Comparative Overview (Paperback)
Loot Price: R4,127
Discovery Miles 41 270
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Regulation of Fixed-Term Employment Contracts - A Comparative Overview (Paperback)
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Total price: R4,147
Discovery Miles: 41 470
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In recent decades enterprises worldwide have reaped the advantages
of hiring employees on a contractual fixed-term basis, thus
derogating from their traditional participation in the social
protection of workers and insulating themselves from legal
liability for unjust dismissal. A broad spectrum of effectiveness
has emerged in this development, as different countries have
adopted varying measures to regulate the conditions under which
fixedterm employment contracts are written, applied, and
interpreted. This important book - which reprints papers submitted
to the 10th Comparative Labour Law Seminar of the Japan Institute
for Labour Policy and Training held in Tokyo on 8 and 9 March 2010
- details the regulatory approaches to fixed-term contracts in
major industrial jurisdictions in Asia and Europe, providing an
opportunity to explore normative directions for labour law and
policy in the age of a diversified workforce. Nine knowledgeable
and experienced contributors describe and analyse the legal status
of fixed-term employment contracts (including relevant case law) in
Australia, Britain, China, France, Germany, Japan, Korea, Sweden,
and Taiwan. Among the central issues examined are the following: -
how four EU Member States apply the 1999 Directive on fixed-term
work; - working conditions under fixed-term contracts; - legal
consequences of violation of regulations on fixed-term employment
contracts; - exceptions for certain groups of workers; -
permissibility of derogation by collective agreements; -
circumstances under which law on dismissal may be applied to an
employer's refusal to renew a fixed-term contract; - equal
treatment between workers on fixed-term contracts and those on
open-ended contracts; - problems fixed-term workers may face in the
country's social security system; and - regulation of reasons for
concluding fixed-term contracts. Each author takes into account
evaluations from scholars, policymakers, and stakeholders to his or
her country's regulatory approach to fixed-term employment
contracts, revealing an array of responses ranging from a view that
such contracts enhance employment opportunities in society to
advocating suppression of their use as inherently abusive and
discriminatory. The combined effect of these nine essays is to
greatly increase our awareness of the nature of fixed-term
employment contracts, from their fundamental value as social policy
instruments to their inextricable connection with the law of
dismissal. The book sets the stage for deeper and more firmly
grounded work that promises to elucidate the underlying pattern of
a new employer-employee relationship emerging on a worldwide scale.
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