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Labour Law (labour + law)

Distribution by Scientific Domains
Business, Economics, Finance and Accounting72%
Humanities and Social Sciences18%
2 Other Domains10%

Selected Abstracts

EU Intervention in Domestic Labour Law , By P. Syrpis

JCMS: JOURNAL OF COMMON MARKET STUDIES, Issue 1 2009
DIAMOND ASHIAGBOR
No abstract is available for this article. [source]

EU Intervention in Domestic Labour Law , By Phil Syrpis

BRITISH JOURNAL OF INDUSTRIAL RELATIONS, Issue 1 2009
Jo Hunt
No abstract is available for this article. [source]

Labour Law, Work and Family , Edited by Joanne Conaghan and Kerry Rittich

BRITISH JOURNAL OF INDUSTRIAL RELATIONS, Issue 3 2007
Claire Kilpatrick
No abstract is available for this article. [source]

Labour law and new forms of corporate organization

INTERNATIONAL LABOUR REVIEW, Issue 1 2005
Marie-Laure MORIN
First page of article [source]

The ratification of ILO conventions: A hazard rate analysis

ECONOMICS & POLITICS, Issue 3 2001
Bernhard Boockmann
There are over 180 ILO conventions in many areas of labour law, industrial relations and social security, but they are not ratified universally: for the conventions adopted between 1975 and 1995, the cumulative probability of ratification is about 13 percent 10 years after their adoption. In this paper, the ratification decision is understood as a transition between two states. Using duration analysis, we identify circumstances which are favourable to this transition. For industrialized countries, the ratification of ILO conventions is shown to depend on internal political factors such as government preferences or the power of left-wing parties in parliament. For developing countries, economic costs of ratification have a significant impact. There is no evidence for external pressure in favour of ratification. Among industrialized member states, there is a clear downward trend in estimated ratification probabilities over the last two decades. [source]

Legal Diversity and Regulatory Competition: Which Model for Europe?

EUROPEAN LAW JOURNAL, Issue 4 2006
Simon Deakin
In the European context, harmonisation of corporate and labour law, contrary to its critics, has been a force for the preservation of diversity, and of an approach to regulatory interaction based on mutual learning between nation states. It is thus paradoxical, and arguably antithetical to the goal of European integration, that this approach is in danger of being undermined by attempts, following the Centros case, to introduce a Delaware-type form of inter-jurisdictional competition into European company law. [source]

Assessing the long-run economic impact of labour law systems: a theoretical reappraisal and analysis of new time series data

INDUSTRIAL RELATIONS JOURNAL, Issue 6 2008
Simon Deakin
ABSTRACT Standard economic theory sees labour law as an exogenous interference with market relations and predicts mostly negative impacts on employment and productivity. We argue for a more nuanced theoretical position: labour law is, at least in part, endogenous, with both the production and the application of labour law norms influenced by national and sectoral contexts, and by complementarities between the institutions of the labour market and those of corporate governance and financial markets. Legal origin may also operate as a force shaping the content of the law and its economic impact. Time-series analysis using a new data set on legal change from the 1970s to the mid-2000s shows evidence of positive correlations between regulation and growth in employment and productivity, at least for France and Germany. No relationship, either positive or negative, is found for the UK and, although the United States shows a weak negative relationship between regulation and employment growth, this is offset by productivity gains. [source]

The administration of union business: the role of the Certification Officer

INDUSTRIAL RELATIONS JOURNAL, Issue 3 2006
Graeme Lockwood
ABSTRACT This commentary reports on the role of the Certification Officer in the regulation of trade union internal affairs. Debate concerning the amount of external supervision of the internal affairs of trade unions has been a recurring theme in labour law for many years. [source]

Consultants, lawyers, and the ,union free' movement in the USA since the 1970s

INDUSTRIAL RELATIONS JOURNAL, Issue 3 2002
John Logan
This paper provides a qualitative analysis of the services that the anti,union consultants and law firms have provided to American employers during the past three decades and an account of the campaign tactics of several ,superstars' of the union,free movement. It describes a multi,million dollar industry that has helped employers to circumvent the intent of federal labour law through a vast array of union,busting tactics, implemented before the union arrives and continuing until after it is defeated: tactics that are designed, at every juncture, to undermine employees' free choice of bargaining representatives. [source]

The interaction between corporate rescue and labour legislation: lessons to be drawn from the South African experience

INTERNATIONAL INSOLVENCY REVIEW, Issue 1 2005
Anneli Loubser
One of the main advantages of a successful corporate rescue is that it prevents or at least limits the job losses caused by a business failure. For this reason, labour legislation which is designed to protect the employees of a company in the event of its winding-up, should take cognisance of the effects such legislation may have on any rescue attempts. As the recent experience in South Africa has shown, ignoring corporate rescue in legislation dealing with labour law in the context of the winding-up of a company may have the unintended effect of seriously hampering any corporate rescue attempt. Copyright © 2004 John Wiley & Sons, Ltd. [source]

Balancing work and welfare: activation and flexicurity policies in The Netherlands, 1980,2000

INTERNATIONAL JOURNAL OF SOCIAL WELFARE, Issue 1 2004
Wim Van Oorschot
As a result of the flexibilisation of labour and the trend towards the ,activating welfare state', social policies show an increasing interconnection of work and welfare issues. The Netherlands is no exception. It is generally believed that the Dutch welfare state is successfully activating its unemployed labour potential (often referred to as the ,Dutch Miracle'), and that flexible and part-time work is protected by adequate ,flexicurity'. This article critically reviews Dutch activation and flexicurity policies. It concludes that there is still more unemployment than the miracle-story suggests; that important target groups of activation policies have not profited from ,the miracle'; that part-time workers have sufficient social protection but that social security for flex-workers still needs major improvements, despite favourable adjustments of labour law. [source]

Between reform and inertia: Bolivia's employment and social protection policies over the past 20 years

INTERNATIONAL LABOUR REVIEW, Issue 3 2009
Fernanda WANDERLEY
Abstract. With the coming to power in 2006 of Evo Morales' Movement Toward Socialism, Bolivia entered a new stage in its history: a period of ambitious political and economic reform aiming to transcend the neo-liberal development model in place since 1985 and to renew the State on the basis of its new Constitution, drawn up in 2008. Against this background, this article examines changes in labour law and social protection during the 1980s and 1990s and takes stock of the challenges of implementing a development strategy focusing on full employment and equity. [source]

The "externalization" of labour law

INTERNATIONAL LABOUR REVIEW, Issue 1-2 2009
Antonio OJEDA AVILÉS
Abstract. The powerful process of labour law adjustment which, for some three decades, experts have looked upon as one of fragmentation , not to say disintegration , into evermore disconnected subfields is turning into a general trend that looks set to take on a structural dimension. An expansionary drive is indeed taking labour law into alien territories, seemingly jeopardizing its identity and traditional boundaries, albeit with a symbiotic interchange of reciprocal influences. This article analyses six avenues of expansion which have been observed in Europe and in some American and Asian countries. [source]

The state of worker protections in the United States: Unregulated work in New York City

INTERNATIONAL LABOUR REVIEW, Issue 2-3 2008
Annette BERNHARDT
Abstract. Using original data gathered in 2003,06, the authors examine the prevalence and types of non-compliance with labour law in New York City. Workplace violations , or "unregulated work", are widespread across a range of low-wage industries and have been driven by a mix of economic factors as well as public policy. The solution, the authors argue, is to strengthen law enforcement and provide for the new types of employment relationship that have resulted from changes in the organization of work and production. [source]

Untersuchung zur Lärmbelastung von Patienten und Pflegepersonal auf Intensivstationen

BAUPHYSIK, Issue 4 2007
Jörg Arnold Dipl.-Ing.
Zur Untersuchung der Lärmbelastung auf Intensivstationen in Krankenhäusern wurden Schalldruckpegelmessungen sowohl in einem Patientenzimmer als auch in dem Foyer einer Intensivstation durchgeführt. Im Patientenzimmer wird eine hohe Lärmbelastung festgestellt. Zudem belegen die Messergebnisse, dass in jeder untersuchten Stunde Lärmereignisse auftraten, die leicht zum Aufwachen führen. Diese hohe Lärmdichte hat einen dramatischen Einfluss auf den Schlaf und damit auf die Erholung und Gesundung des Patienten. Es wurde eine für gesunde Patienten "sichere Aufwachschwelle" definiert, die auch in der Nacht im Mittel 5 mal je Stunde überschritten wird. Allerdings existieren in Deutschland bisher keine Grenzwerte zur Beurteilung der Lärmeinwirkung auf Patienten. Im Foyer ist in jeder untersuchten Schicht die geistige Arbeit des Pflegepersonals nach den Vorgaben der Richtlinie VDI 2058 deutlich beeinträchtigt und die zulässige Grenze für überwiegend mechanisierte Tätigkeiten wird fast erreicht. Nach dem aktuellen Arbeitsrecht sind allerdings alle Vorgaben eingehalten, da lediglich ein Grenzwert zum Schutz vor Lärmschwerhörigkeit angegeben wird. Das Ausmaß des Lärms und der dadurch verursachte Stress, sowohl für Patienten als auch für das Pflegepersonal, zeigen den dringenden Bedarf nach gesetzlichen Regelungen auch in Deutschland. Investigations on noise nuisance of patients and nursing staff. The aim of this study was to assess the exposure to noise in intensive care units. Therefore, sound pressure level measurements have been carried out in both the sickroom and the ward corridor. A high noise exposure in the sickroom was found. In addition the measurement results proves that sleep disturbing noise is occurring at all hours. This high noise density has a dramatic impact on the patients' convalescence and recovery process. One for healthy patients "certain wake-up threshold" was defined, which is exceeded 5 times per hour also in the night. There is no regulation by the German law regarding the patients' exposure to noise in hospitals. While in the ward corridor the intellectual work of the nursing staff according to VDI 2058 is disturbed significantly in every shift investigated, the permissible guideline limit for mechanical works in this specific working environment is almost achieved. But the guidelines of the current labour law are always complied with, because there is only one limit for protection against noise induced hearing loss. The magnitude of noise and stress caused thereby, for both the patients and the nursing staff, show the urgent need of specific regulations by German law. [source]

Remaking the World of Chinese Labour: A 30-Year Retrospective

BRITISH JOURNAL OF INDUSTRIAL RELATIONS, Issue 3 2010
Eli Friedman
Over the past 30 years, labour relations, and, indeed, the entirety of working-class politics in China, have been dramatically altered by economic reforms. In this review, we focus on the two key processes of commodification and casualization and their implications for workers. On the one hand, these processes have resulted in the destruction of the old social contract and the emergence of marketized employment relations. This has implied a loss of the job security and generous benefits enjoyed by workers in the planned economy. On the other hand, commodification and casualization have produced significant but localized resistance from the Chinese working class. Up until now, the activities of labour non-governmental organizations and of the official trade unions have contributed to the state's effort of individualizing and institutionalizing labour conflict resolution through labour law and arbitration mechanisms. Finally, we provide a brief discussion of the impact of 2008's Labour Contract Law and the outbreak of the economic crisis on labour relations. We conclude that the continual imbalance of power at the point of production presents a real dilemma for the Chinese state as it attempts to shift away from a model of development dependent on exports. [source]

Progressive labour policy, ageing Marxism and unrepentant early capitalism in the Chinese industrial revolution

BUSINESS ETHICS: A EUROPEAN REVIEW, Issue 2 2001
Orlan Lee
The institutional guarantees of modern labour law, that provide the keystone of progressive liberalism, are often only reactionary to the entrenched concepts of socialist law. Adoption of institutions of "workers rights", and employment protection based upon contract, inevitably nullify the ideological promise of the inalienable "right to work". China, among the last bastions of theoretical Marxist socialism, and among the first socialist countries ready to accept that it has been in desperate need of reforming uneconomical state enterprises, seems willing to sacrifice ideological purity for economic development. Yet, if economic turnaround requires enterprise rationalisation in a market economy, it is understandable that Chinese labour requires the same kinds of protection against unbridled capitalism as progressive labour movements elsewhere. Doubtless, for those who have enjoyed no such institutional guarantees in the past, official commitment to improvement of labour conditions is better than no acknowledgment of need for reform of social policy whatever. Yet, the real question for students of social change is "Are these legislated reforms effective policy guides for local administration and the courts?""|Or are they merely regulations for licensing compliance , primarily for foreign invested enterprises?". In brief, "... to what extent are the new ,workers' rights' realistically attainable sources of judicial remedies for individual workers?" [source]

After the Black Death: labour legislation and attitudes towards labour in late-medieval western Europe

ECONOMIC HISTORY REVIEW, Issue 3 2007
SAMUEL COHN
The Black Death spurred monarchies and city-states across much of Western Europe to formulate new wage and price legislation. These legislative acts splintered in a multitude of directions that to date defy any obvious patterns of economic or political rationality. A comparison of labour laws in England, France, Provence, Aragon, Castile, the Low Countries, and the city-states of Italy shows that these laws did not flow logically from new post-plague demographics and economics,the realities of the supply and demand for labour. Instead, the new municipal and royal efforts to control labour and artisans' prices emerged from fears of the greed and supposed new powers of subaltern classes and are better understood in the contexts of anxiety that sprung forth from the Black Death's new horrors of mass mortality and destruction, resulting in social behaviour such as the flagellant movement and the persecution of Jews, Catalans, and beggars. [source]

The impact of EU accession on Turkish industrial relations and social dialogue

INDUSTRIAL RELATIONS JOURNAL, Issue 3 2008
Engin Yildirim
ABSTRACT This article examines whether the European Union membership process is transforming the ,deep structure' of Turkish industrial relations. We make an attempt to illustrate this through the prism of Turkish experience in social dialogue regarded as an indispensable tool of the European social model. Turkish industrial relations is characterised by restrictive labour laws, employer hostility to unionisation, a large informal economy and labour market, and strong state intervention, which have historically constituted the main elements of ,the deep structure' of Turkish industrial relations. In procedural terms, the institutions for social dialogue have been established but the influence of the social partners is limited because of the dominance of the state and the weakness of labour. The existing attempts at developing social dialogue rest on shaky foundations emanating mostly from the state's and employers' disrespect of basic labour rights. [source]

Promoting sustainable compliance: Styles of labour inspection and compliance outcomes in Brazil

INTERNATIONAL LABOUR REVIEW, Issue 2-3 2008
Roberto PIRES
Abstract. Can workers' rights and social protections be reconciled with firms' competitiveness and productivity? In contrast to current development policy advice, which emphasizes the "flexibilization" of labour laws, this article contributes to an ongoing debate about styles of inspection by exploring the causal links between different regulatory practices and economic development and compliance outcomes. Findings from subnational comparisons in Brazil challenge established theories about the behaviours of firms and regulatory agencies, and indicate that labour inspectors have been able to promote sustainable compliance (legal and technical solutions linking up workers' rights with firms' performance) by combining punitive and pedagogical inspection practices. [source]

Perception and practice of child labour among parents of school-aged children in Ibadan, southwest Nigeria

CHILD: CARE, HEALTH AND DEVELOPMENT, Issue 3 2010
F. O. Omokhodion
Abstract Background The problem of child labour has lingered on in many countries because of the complex combination of social, cultural and economic factors involved. Parents play a critical role in child labour as it provides much needed extra income for the family. This study was carried out among parents of school-aged children in an urban, low-income community to determine the factors associated with child labour and attitudes to child labour in the community. Methods A cross-sectional study was carried out in an urban community in Ibadan, southwest Nigeria. Questionnaires were administered to parents of school-aged children. Results A total of 473 parents were interviewed. They were aged between 23 and 56 years, mean 37.9 years. Thirty-nine per cent of parents indicated that they thought their school-aged children should work. More women than men, those from polygamous homes and those with lower educational status held this view. Reasons given for wanting their children to work were to supplement family income, 45%, to gain experience, 35% and to help in family business, 10%. In all, 236 (50%) respondents reported that their school-aged children were working. Parental factors associated with practice of child labour were polygamous marriage, low educational status, unskilled or partly skilled occupation and large family size. Seventeen per cent of parents with working children were not satisfied with their children's work conditions and complained of low earnings, long working hours, work on school days and unsafe work environment. Measures suggested to control child labour include addressing the issue of household poverty, public enlightenment about the ills of child labour and free education up to junior secondary level. Enforcement of child labour laws was the least mentioned. Conclusion We conclude that control of child labour should be a multifaceted approach involving poverty alleviation, family planning to reduce family size and free, compulsory education up to junior secondary level. Public enlightenment especially for mothers will be of additional benefit. [source]