The Sources of Labour Law - Couverture rigide

Couverture rigide

ISBN 10 : 9403502843 ISBN 13 : 9789403502847

Editeur : Kluwer Law International, 2019

Synopsis

Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, 'flexibility' has come to dominate the world of work - a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports.

The authors' analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following:

• the constitutional dimension of labour rights;
• the normative intervention by the State;
• the regulatory function of collective bargaining and agreements;
• the hierarchical organization of labour law sources and the 'principle of favour';
• the role played by case law in both common law and civil law countries;
• the impact of the European Economic Governance;
• decentralization of collective bargaining;
• employment conditions as key components of global competitive strategies;
• statutory schemes that allow employees to sign away their rights.

National reports - Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States - describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe.

With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

A propos du livre

À propos de l'auteur

Tamás Gyulavári is a professor of Labour Law and Chair of the Labour Law Department at Pázmány Péter Catholic University in Budapest, Hungary. He studied and did research at the Universities of Budapest, Warwick, Groningen and Aix-Marseilles and was also a visiting fellow at the European University Institute in Florence in 2013. He has been a regular lecturer at the Academy of European Law in Trier, and lectured at several universities, including Porto, Bologna, Vienna, Quito, Jakarta and Chicago. He is the founding editor of the Hungarian Labour Law E-Journal. He has been engaged in a dozen of European projects with several international organisations and institutions, including the ILO and ETUI. He is the member of the European Labour Law Network and the Academic Network of Experts on Disability. Emanuele Menegatti is Professor of Labour Law and Dean of the School of Economics and Management at the University of Bologna. He has been a visiting professor at many Universities, including the University of Illinois, Monash University (Melbourne), Curtin University (Perth), Pázmány Péter Catholic University (Budapest, Hungary). He is the editor-in-chief of the Italian Labour Law E-Journal. His main fields of specialisation are Comparative and EU Labour Law. His main current research interests include the balance between social rights and economic freedoms in European Union law, minimum wage regulation,new forms of work in the gig-economy. He is the author of two books and a broad number of scientific publications on high-ranking Italian and international journals.

Détails de l'édition

• Éditeur: Kluwer Law International
• Date d'édition: 2019
• Langue: anglais
• ISBN 10: 9403502843
• ISBN 13: 9789403502847
• Reliure: Relié
• Nombre de pages: 440
• Éditeur: Gyulavári Tamás, Menegatti Emanuel
• Coordonnées du fabricant: non disponible
• Personne responsable: non disponible