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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.
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