Private Employment Agenciesthe Impact Of Ilo Convention 181 1997 And The Judgement Of The European Court Of Justice Of 11 December 1997 PDF Download

Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Private Employment Agenciesthe Impact Of Ilo Convention 181 1997 And The Judgement Of The European Court Of Justice Of 11 December 1997 PDF full book. Access full book title Private Employment Agenciesthe Impact Of Ilo Convention 181 1997 And The Judgement Of The European Court Of Justice Of 11 December 1997.

Private Employment Agencies:The Impact of ILO Convention 181 (1997) and the Judgement of the European Court of Justice of 11 December 1997

Private Employment Agencies:The Impact of ILO Convention 181 (1997) and the Judgement of the European Court of Justice of 11 December 1997
Author: Marco Biagi
Publisher: Springer
Total Pages: 432
Release: 1999-04-09
Genre: Business & Economics
ISBN:
GET BOOK

Download Private Employment Agencies:The Impact of ILO Convention 181 (1997) and the Judgement of the European Court of Justice of 11 December 1997 Book in PDF, ePub and Kindle

Once upon a time, the public employment agency reigned like a King over labour markets. Under the precept of ILO Convention NR 96 of 1949 on Fee Charging Employment Agencies, the public employment office enjoyed a fully-fledged monopoly of the labour markets of many countries. `Labour is not a commodity' was (and is) the principle. There was no room in the labour market for private fee charging employment agencies. In those early years, following World War II, the monopoly of the Official Employment Office was widely accepted and not really discussed as a matter of principle. the reason was simple. the labour market was fairly uniform and not really diversified. Ford-ism was at its highest and Europe was enjoying 30 glorious years of ongoing economic growth. There was social welfare and economic progress. the social partners (employers' associations and trade unions) effectively managed labour relations in a more or less centralised way. Those days are gone. Indeed, since then tremendous political and ideological changes have taken place in the labour markets. the most significant political change has been the establishment of the European Union and the EEA with the accompanying free movement of labour as a fundamental right, thus creating a European labour market. There is now an explosion of private services in the labour markets, to fulfil the increasingly specific needs of enterprises. International bodies like the ILO and the EU have adapted their standards to these new developments. the ILO adopted a new Convention in 1997 (No.181) concerning private employment agencies, while landmark case law of the European Court of Justice abolished the monopoly of the Official Employment Office regarding the labour market. Private enterprises are now able to propose a total package of services for the labour markets, vocational training included. the scope of possibilities for putting workers at the disposal of users has been dramatically widened. These and other issues were discussed at an international conference, convened by the Euro-Japan Institute for Law and Business (Leuven, 1998) in co-operation with the ILO and the EU. This Bulletin contains the discussion and reports on developments in Belgium, France, Germany, Italy, Japan, Spain, Sweden, Taiwan, the Netherlands, UK and the USA. It looks ahead and prepares its readers for the jump into the 21st century.

The Role of the Court of Justice in EU Labour Law

The Role of the Court of Justice in EU Labour Law
Author: Silvia Rainone
Publisher: Kluwer Law International B.V.
Total Pages: 371
Release: 2023-05-17
Genre: Law
ISBN: 9403530065
GET BOOK

Download The Role of the Court of Justice in EU Labour Law Book in PDF, ePub and Kindle

In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.

New Developments in Employment Discrimination Law

New Developments in Employment Discrimination Law
Author: Oana ?tefan
Publisher: Kluwer Law International B.V.
Total Pages: 286
Release: 2012-11-01
Genre: Law
ISBN: 9041148000
GET BOOK

Download New Developments in Employment Discrimination Law Book in PDF, ePub and Kindle

Drawing on a data set of 696 documents – competition and state aid judgments, orders and opinions of the European Courts, and Advocates’ General opinions referring to various soft law instruments – this detailed textual and doctrinal analysis investigates the way in which the EU Courts deal with soft law, how the normative status of these instruments is acknowledged, and how their effects are recognized. It reveals that several ‘champion’ instruments feature frequently in the case law: the guidelines on fines and the leniency notice in competition law, the state aid instruments on aid to be granted to enterprises in difficulty, regional aid, de minimis aid, and aid to be granted to SMEs – all of them having in common the fact that they regulate highly litigated areas. The analysis treats issues such as the following: ; the pathway from judicial ignorance to judicial acknowledgement of soft law; ; the judicial creation of legal ‘hybrids’; the judicial review of soft law; the potential use of soft law as a ‘sword’ or as a ‘shield’ in a court of law; the distinction between legally binding force and legal effects; how soft law can produce legal effects through the operation of general principles of law such as legitimate expectations, legal certainty, or human rights; and how the Courts locate soft law on a strong constitutional pluralist background. Although the analysis might appear to relate to a fairly narrow spectrum of EU law, in fact the interaction of soft law and legal principles reaches into many diverse areas of law, and increasingly so in the twenty-first century. Consequently, this ground-breaking book will prove immeasurably valuable to any practitioner, academic, or policymaker interested in how the EU Court is fulfilling once again its constitutionalizing role, even in an area traditionally lacking formalism and conventions: that of soft instruments of governance.

Decent Flexibility

Decent Flexibility
Author: Dr Fred C. A. van Haasteren
Publisher: Kluwer Law International B.V.
Total Pages: 554
Release: 2017-07-30
Genre: Law
ISBN: 9041192719
GET BOOK

Download Decent Flexibility Book in PDF, ePub and Kindle

Within the context of social law, temporary agency work has always been subject of debate. The pursuit of more flexible forms of labour is at odds with maintaining decent labour relations. For that reason, ever since it was established, the UN organisation for labour issues, ILO, has focused on private work placement. In its early years it tended to prohibit or severely restrict private work placement, but gradually it came to acknowledge that, for instance, temporary agency work had positive aspects, and that a total ban was pointless. In 1997, this culminated in ILO convention 181, which was widely supported. This did not end the debate on non-standards forms of paid work. Which forms of work can be considered decent? How do they relate to human rights? What are the effects of globalisation? In the European context, too, (cross-border) temporary agency work has attracted extensive attention. Lastly, the Netherlands has its own, unique form of public-private regulation. The guiding principle in this book is whether Convention 181 still has value in this day and age. What are the developments in temporary agency work in the social domain? How do they relate to the wide range of flexible work forms that are increasingly catching up with temporary agency work? Decent flexibility is the challenge. Dr Fred van Haasteren (1949) started his career as a scientific associate at the Society and Enterprise Foundation (SMO). From 1978 onward, he worked in the Dutch temporary agency sector. In 1982 he became a board member of Randstad Nederland; in 1991 he became Vice-President of Randstad Holding. Among other things, he was also President of the platform of European temporary agency employers and of the global temporary agency employer umbrella organisation CIETT. He is still a board member of the Dutch Labour Standards Foundation (SNA) and an independent member of the NCP OECD. The social policy pursued by temporary employment agencies has always been at the centre of his activities.

Collective Bargaining Developments in Times of Crisis

Collective Bargaining Developments in Times of Crisis
Author: Sylvaine Laulom
Publisher: Kluwer Law International B.V.
Total Pages: 368
Release: 2016-04-24
Genre: Law
ISBN: 9041190279
GET BOOK

Download Collective Bargaining Developments in Times of Crisis Book in PDF, ePub and Kindle

In many EU Member States, the various economic crises of recent years provided grounds for a rarely equalled level of state intervention in the regulation of labour relations with an explicit aim: the decentralisation of collective bargaining. An extensive body of research – summed up and analysed expertly in the chapters of this very important book – reveals that the process of decentralisation has more often than not led to a situation where salaries and labour conditions are ever more frequently determined by direct negotiations between employer and employees, with the State becoming the sole guarantor of employee protection even as it encourages decreasing labour costs to ensure that companies remain competitive. The comparative approach offered in this book adds to this synthesis by providing examples of speci c recent developments in fourteen Member States and Turkey. Among the numerous topics and issues that arise are the following: – ‘opt-out’ clauses that derogate unfavourably from sectoral agreement standards; – extension of the employer’s unilateral decision-making power; – ‘memoranda of understanding’ imposed by the ‘troika’ (EU, ECB, and IMF); and – ‘stand-by arrangements’ imposed by the IMF. However, notwithstanding the strong emphasis on changing the structure of collective agreements by shifting the centre of gravity closer to the company, research nds promise in the reconstituted support for sector-level agreements increasingly found among very small businesses, networked businesses, and work via digital platforms. This is the rst book to take stock of the current state of collective bargaining in Europe. It is an essential study for labour and employment law practitioners, and an exemplary analysis of immeasurable value to policymakers and academics in the eld.

Transnational Labour Regulation

Transnational Labour Regulation
Author: Kerstin Ahlberg
Publisher: Peter Lang
Total Pages: 388
Release: 2008
Genre: Business & Economics
ISBN: 9789052014173
GET BOOK

Download Transnational Labour Regulation Book in PDF, ePub and Kindle

This book illuminates the process and substance of transnational regulation of labour in a global economy. Transnational labour regulation, a central feature of the European social model, engages the 27 Member States of the European Union, and is of potential importance to the rest of the world. The book analyses the attempts at transnational regulation of temporary agency work through the social dialogue between trade unions and employers' organisations at European level and the subsequent - and so far fruitless - EU legislative process. These two processes of transnational labour regulation, and their interaction, until now have been largely invisible. The book also highlights distinctive features of Member States' national regulation as they interacted with the debates on EU transnational labour regulation. It further explores the overlap between regulation of temporary agency work and the EU's regulation of transnational trade in services, the subject of the Directive on services in the internal market. Finally, it draws lessons from the experience of regulation of temporary agency work at national and European levels for transnational labour regulation in general.

The Global Labour Market

The Global Labour Market
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
Total Pages: 408
Release: 2008-01-01
Genre: Law
ISBN: 9041127224
GET BOOK

Download The Global Labour Market Book in PDF, ePub and Kindle

As global power relations increasingly favour international capital, it becomes crucial for labour and employment lawyers to center their field in a supranational context. As long as wages, social security, and taxes remain national matters, states compete at this level in order to attract foreign investment. This does not bode well for employees or the self-employed. Most ameliorative measures come in the form of unenforceable and‘soft lawand’ guidelines and recommendations. The conference recorded in this vitally important book confronts this losing battle of local responses to global challenges. The book reprints the papers submitted to that conference by twenty-three outstanding scholars from fourteen countries. Among the many critical issues they expose and discuss are the following: and• the proliferation of varieties of non-standard employment; and• protection of migrant workersand’ rights by regional organizations; and• global and regional trends in the human resources function; and• work training and education policy; and• effectiveness of equality and non-discrimination standards; and• involvement of employees in workplace decisionmaking; and and• the need for an equitable social safety net. In the course of the discussion the authors examine cases from many countries, including not only EU Member States (both West and East) and the U.S., but also Japan, Chile, South Africa, and Indonesia. With a focus on the nexus of multinational enterprises and international standards, the book provides both a sharp image of where labour law stands in todayand’s worldand—revealing serious social problems in a clearer light than is usually encounteredand—and a very valuable guide to directions to pursue and potential solutions, offered by some of the most engaged and committed minds in the field. It is an indispensable resource for legal workers in this and‘eye of the stormand’ of globalization.

Employment Policies and Multilevel Governance

Employment Policies and Multilevel Governance
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
Total Pages: 300
Release: 2009-04-29
Genre: Law
ISBN: 9041144714
GET BOOK

Download Employment Policies and Multilevel Governance Book in PDF, ePub and Kindle

In Europe, work has long been a symbol of full citizenship and today work is a fundamental goal of European social policy. However, although every person has the ‘right’ to work, it is becoming clearer all the time that unemployment is not due merely to a lack of encouragement to exercise this right, but (at least in part) to some deeper defects in the implementation of effective employment policies. As a contribution to defining the nature of these problems this important collection of essays targets the phenomena of multilevel governance, both vertical (European, national, regional, local) and horizontal (administrative institutions, trade unions, business representatives, NGOs), showing, with detailed analysis and data, how coordination or conflict between the various levels advances, or fails to advance, the goals of employment policy. Regarding the EU, five EU Member States are examined– plus, for comparative analysis, the parallel Canadian federal model – with the authors addressing such concrete issues as: the impact of globalisation and Europeanisation on employment policies; distribution of tasks in the Open Method of Coordination (OMC); involvement of private and economic agents; the increasing significance of international political agents; flexicurity as an employment strategy; the difficulty of integrating the excluded; coordination with education and fiscal policies; social inclusion from the point of view of international human rights; and gender ‘mainstreaming’ as a weakening of the EU guarantee of gender equality. The essays originated in a research meeting held at the Instituto Internacional de Sociología Jurídica at Oñati (Spain) in June of 2007. Some of the contributors, all employment law experts, discuss problematic aspects of the European Employment Strategy (EES) and its influence on the decentralization of employment policies and related elements of social protection. Other authors concentrate on ‘built-in’ multilevel problems resulting from existing constitutional and administrative structures, while a third group focuses on substantive approaches to employment policies within individual member states. The Bulletin contains updated versions of all papers. In this book the degree of administrative, legal, political, and cultural intricacy involved in a serious engagement with multilevel governance of employment on the European model is put on full view. As a deeply informed analysis of how the idea of multilevel governance has played out within the political and administrative reality of Member States, the book will prove of enormous value to labour and employment law professionals anywhere, as the problems identified here have a global reach.

Challenges of European Employment Relations

Challenges of European Employment Relations
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
Total Pages: 284
Release: 2008-08-29
Genre: Law
ISBN: 904114529X
GET BOOK

Download Challenges of European Employment Relations Book in PDF, ePub and Kindle

Has European economic and market integration curtailed the autonomy of national industrial relations actors and institutions? Or has it reinforced their roles in securing much-needed economic adjustment? This important book offers a deeply-informed comparative perspective on these questions, drawing on empirical research on changing conditions within and beyond the EU. The book builds on papers presented at the 8th European Regional Congress of the International Industrial Relations Association, held in the UK in September 2007. The authors are leading academic authorities from Austria, Belgium, Canada, Denmark, Germany, The Netherlands, Norway, Spain, and the United Kingdom. With detailed attention to such pervasive factors as the consequences of EU enlargement, the shift from manufacturing to services, changes in the gender composition and demographic profile of the labour force, and the growing influence of multinational companies, the authors address such issues as the following: • response of national employment regulatory traditions to globalization, privatization, outsourcing and budgetary pressures; emergence of new forms of competitive advantage for both employers and employees; impact of EU-mandated information and consultation mechanisms; possibility of international union action and transnational solidarity; ‘flexicurity’ and the changing demographics of the labour force; gender democracy in trade unions; trade union mergers; statutory minimum conditions as an alternative to collective bargaining; regulation or culture change to promote equality; treatment of posted and migrant workers within increasingly transnational labour markets; growth in variable pay systems; and possible rebirth of vocational training systems and apprenticeships. Offering in-depth comparative insights into the way in which national and international systems of employment relations are evolving rapidly in the face of cross-cutting pressures for change, this book illuminates a vastly complex state of affairs. In practical terms, its many insights into how current trends affect specific working conditions open the way to new initiatives in developing and maintaining a just and equitable employment relations regime for Europe and beyond.