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.

Because labour and social security issues have arisen in many disparate ways since the inception of the European Communities, there has been no consistent classification of European law in this area. This book attempts to rectify that situation, presenting as complete a codification as possible of this body of law, with texts of the most important documents and direct reference to print and online sources of all relevant conventions, regulations, directives, decisions, recommendations and agreements. The codification encompasses European Union texts on labour and social security, as well as pertinent Council of Europe documents.

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.

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.

This volume contains the lectures given by prominent civil servants and representatives of the "International Employers' Association" (IOE) and the "International Confederation of Free Trade Unions" to law students from various European countries at the occasion of their visit to the "International Labour Organization". The purpose of these lectures is to expand on the major problems the ILO, as the social conscience of the world, will be confronted with in the next century. These lectures open a panorama of worldwide trends, which will co-determine the future outlook of our societies. The "Geneva Lectures" deal with following important topics: the world of work; the informal economy; globalization and the confrontation it involves; the future of the trade union movement; the role of the employer's associations; the ILO Declaration on fundamental principles and rights at work (1998), child labour; international labour standards and the codes of conduct of multinational enterprises. They give the reader an insight in the world of tomorrow and how one of the leading international bodies reflects on how to deal with them.

This is a study of the institutional changes which the Treaty of Amsterdam brought to the European structure, on the one hand, and the provisions regarding social policy and employment which are contained in the new chapters of the Treaty, on the other hand. Four of the five contributions focus on the social policy of the European Union and the European Community. It was essential to include a chapter regarding the institutional changes which have occurred as the social provisions in the Treaty are carried out via institutional structures, as are other aspects of European policy. This book concludes with an index and several annexes, including the consolidated version of the treaties establishing the European Union and the European Community, and the presidency conclusions of the Council Summit meetings at Amsterdam and Luxembourg regarding social policy and employment.

With the forces of globalization as a backdrop, this casebook develops labor and employment law in the context of the national laws of nine countries important to the global economy - the US, Canada, Mexico, UK, Germany, France, China, Japan and India. These national jurisdictions are highlighted by considering international labor standards promulgated by the International Labor Organization as well as the rulings and standards that emerge from two very different regional trade arrangements - the labor side accord to NAFTA and the European Union. Across all these different sources of law, this book considers the law of individual employment, collective labor law dealing with unionization as well as the laws against discrimination, the laws protecting privacy and the systems used to resolve labor and employment disputes. This is the first set of law school course materials in English covering international and comparative employment and labor law.

Thirty-three authorities in the field of labour and industrial relations law gather here to enhance and complement the work of the late Marco Biagi, a man who, at the time of his violent and untimely death, had shown himself to be the most insightful and committed international scholar in this complex and controversial - and, as it proved, even dangerous field. The topics covered range over many of Professor Biagi's special interests, including the following: the formulation of a new basis for labour law that could resolve new issues; employee protection in corporate restructuring; the trend toward individual "enterprise bargaining"; a new European employment policy and what it might entail; the growing phenomenon of "flexibilisation" and the effects of an ageing workforce. It also examines: the crucial nexus of free trade, labour and human rights; the promise of EU enlargement; and protection of part-time workers.

When we speak of "legal language," we refer to a mode of communication that works hard to convey a degree of precision that clearly establishes the extent and limits of rights and obligations between parties. This endeavour must strive to overcome numerous obstacles-notably societal context and ideology- that are ineluctably present in language itself. And when legal bonds apply internationally, problems of translation add yet another and more complex dimension. It can be said that these problems of language and meaning particularly affect the application of labour law and social security law, as these legal regimes colour the day-to-day lives and livelihoods of virtually everybody. This extremely useful book assumes the monumental task of codifying the terminology of European labour law and social security law in English, French, German, Spanish, and Italian. It is the only book of its kind in existence. The initial classification follows the fifteen European legislative acts that cover the field. For each of these acts, all the terms and notions are listed (in alphabetical English order) with their definitions as provided in the legislation itself and the interpretations given to them in the case law of the European Court of Justice - all in five languages. In this way, the full spectrum of potential misunderstanding and contradiction is exposed, and all relevant subtleties come into clear focus. This efficient aggregate of vital material gives both practitioner and academic the means to make as complete a judgement as humanly possible concerning the application of European labour law and social security law in any context. The book is sure to become a fundamental work for bothpractice and research in the field.

The vast single labour market of the European Union continues to manifest an ever-increasing interdependence of economies, companies, trade unions and employees, calling once again for an update of Roger Blanpain's magisterial European Labour Law. This Fourteenth Edition remains the preeminent practice guide in its field, covering the full spectrum - legislation, collective agreements, and more than 400 cases - of both individual and collective labour law and practice from the fundamental freedoms to the significance of the Reform Treaty of Lisbon. Among the abundant new material in the Fourteenth Edition the reader will find incisive commentary and analysis of such issues and trends.

Although China is not new to labour law - it was among the founders of the International Labour Organisation (ILO) in 1919 - labour conditions in China today are the subject of concern to observers both inside China and in the international community. In response, China has devoted much attention recently to reforming its labour law system, a process driven by a political reorientation towards labour protection in the context of economic globalization. However, labour disputes and labour unrest continue to proliferate. Using as its starting point an international research seminar held at Helsinki University in January 2013, this volume gathers a remarkable array of academic perspectives on China and its legal system by scholars from China, the United States, and Europe into a stimulating and unique combination of commentary and analysis of the challenges relating to implementation of fundamental labour rights as spelled out in the landmark 1998 ILO Declaration on Fundamental Principles and Rights at Work in the Chinese setting. Importantly, the analysis fully takes into account action in relation to the promotion of labour rights by not only the Chinese government but local governmental authorities, trade unions, enterprises, and other actors. Each author focuses on a different aspect of how these fundamental labour rights operate in the Chinese legal environment and the kinds of obstacles met in their protection. Among the issues that arise are the following: gaps between ILO conventions and Chinese national laws occurring in the transformation of international obligations into domestic laws; how parties to a labour dispute cases may invoke ILO conventions before courts or administrative authorities; market obstacles caused by linking trade with observance of labour standards; the trade union rights framework in China; bottom-up pressures from workers' collective action; conflicts between Chinese state-owned enterprises and their employees; complications in informal employment labour relations; the growing divide between statute law and legal practice; implementation of the anti-discrimination law; discrimination due to China's household registration system; and corporate social responsibility. Many of the challenges relating to implementation of fundamental labour rights discussed in this volume can be considered common to many countries. The book offers new research questions and a wider scope of analysis, and also provides new tools for discussion regarding the promotion of fundamental labour rights. In that sense, this volume relates not only to research on labour issues in China but also to global research concerned with an increasingly pressing challenge of our time. For these reasons, it will be of tremendous value to academics in labour law, trade law and comparative law, and greatly useful to practitioners in these fields.

The works council, as a participatory means of regulating the employer - employee relation, is long established in Western European countries, but has failed to take significant root in other parts of the world where it has been tried. This is particularly the case where transition from socialist state control to a particularly free-wheeling form of capitalism and massive privatization has wreaked havoc on the employer - employee relation. This book is the first in-depth exploration of the legal, political, and cultural forces that complicate this transposition. Focusing on Eastern and Central Europe, where the works council system has been most extensively applied and where the evident reasons for its lack of purchase are most telling, the contributors examine the relevant experience, both negative and positive, in twelve countries, with a particular focus on non-union representation of workers. Many important issues pertinent to workers' representation in general in a globalized world are covered, including the following: cooperation and confrontation between trade unions and works councils; insufficient division of competences between the two representative bodies; legal norms concerning both trade union and works councils independence from employers' interference;;;;;need for serious and dissuasive sanctions against creation of employer-controlled ('yellow') unions; need for extension to non-union workers of protection from anti-union discrimination; real vs. formal implementation of EU norms in Eastern European Member States; unnecessarily complicated regulation of institutions of representation;; lack of protection against dismissal of non-union representatives; responsibility for breach of employers' obligation to consult and inform; and employers' lack of legitimacy in the eyes of workers.;;;;; There is general agreement among these authors that, as long as human beings spend a serious part of their lives at the workplace, they must be allowed not merely to express opinions about the job but have a real influence on it. Fully aware of the sensitivity of these issues in market economies, the authors' careful research and call for public discussion open the path to real changes in the existing system, clearly in Eastern Europe but to be much desired elsewhere also. For labour law scholars, practitioners, and policymakers who know that such changes are needed, this book offers directions that, though debatable, are sure to be welcomed.

In the context of globalization, Turkey plays a unique role. Poised both geographically and culturally between Europe and the Middle East, with a formidable political history in both realms and a thriving modern economy, its domestic affairs inevitably take on a significance that transcends its borders. Among these its employment relations regime, as it sets about conforming to the neoliberal standards of globalization, prove to be of compelling interest for labour law professionals everywhere. This collection of thirteen essays by notable Turkish legal academics in the field presents practitioners and researchers with in-depth analysis and commentary on such aspects as the following: ways to raise the floor on working conditions; impact of multinational corporations' research and development activities on skills and labour costs; education inequalities, skills development, and the role of technology; environment and sustainability issues; Turkey's proposed severance pay fund as a flexicurity measure; the nature of subcontracted labour particularly as revealed in Turkey's shipbuilding industry; ;labour unionism and collective bargaining; female employment and gender-based discrimination; and mobbing and workplace bullying. The overall analysis does justice to the book's stated aim of exploring the integration of Turkey's system of labour and employment relations through transnational connections which have reached levels that can no longer be restricted to national boundaries. Expertly considering these new dimensions and challenges caused by the process of globalization, it addresses the research needs of academics in labour economics and employment relations as well as the interests of human resource management specialists, employer associations and labour unions.

It is well known that migration law often imposes restrictions which severely in uence entitlement and access to social security bene ts for migrant workers. However, in the wake of new social problems created by economic globalization, new patterns of migration, and political pressures - and in an effort to make sure that countries treat each other's subjects equally and that rights to bene ts are maintained - an increasing number of countries today have entered into bilateral and multilateral social security agreements with a basis in human rights. A network of such agreements is now starting to extend over the entire globe.

Amid the trend towards decentralized industrial relations, various new and modified systems of employee representation are taking hold in many countries worldwide. In this highly informative examination of this field of international labour law - originally presented as a series of papers for the 11th JILPT Comparative Labor Law Seminar held in Tokyo in February 2012 - twelve distinguished scholars from Australia, China, France, Germany, Japan, Korea, Sweden, Taiwan, the United Kingdom, and the United States describe their countries' current perspectives on this issue, along with their own analysis and commentary. Among the specific questions addressed for each jurisdiction are the following: What is the legal framework for an employee representation system? How is the representative body formed and what are its declared powers? Are there legal mechanisms preventing intervention by the employer? Are non-standard employees involved? What methods of deliberation and decision-making are used? How are the activities of representatives protected? Who bears the costs? What is the relationship with collective bargaining? With labour unions? Each contributor also describes typical ways in which the employee representative system works, offering concrete examples such as dismissal, wage determination, and equal treatment. Some deal with situations in which employee representation is in fact nonexistent or malfunctioning in real workplaces. There is also pervasive attention paid to the fundamental matter of what 'representation' is for, and the probable future direction of employee representation. Given the need to secure representation for non-union and non-standard employees at the workplace, these reports on the conditions and new developments in this important field provide ample basis on which to build a better system of employee representation in this era of diversified workforces in the globalized market.