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This volume, comprising three parts and ten chapters, all of them peer-reviewed essays, arises from the work of the Swedish Network for European Legal Studies. Its focus is on labour and social security law. The chapters, written by distinguished legal researchers associated with Swedish universities, provide insight into a range of topical and important developments, seeking new and interesting perspectives. Sweden has been a member of the European Union since 1995, and EU law and European law perspectives have been well integrated into Swedish labour law and social security law research. Within the European Social Model and the European Welfare State, Sweden (and to some degree the other N...
1996 concerning the posting of workers in the framework of the provision of services, Official Journal L 18 of 21 January 1997, pp. 1-6. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the international market, Official Journal L 376 of 27 December 2006, pp. 36-68. Judgement of the European Court of Justice Laval un Partneri Ltd v. Svenska Byggnadsarbetareforbundet, Case C-341/05 [2007] ECR I-000. Judgement of the European Court of Justice International Transport Workers' Federation v. Viking Line ABP, Case C-438/05 [2007] ECR I-000. Table of cases from the European Court of Justice. Index
Recent developments in the world economy, including deindustrialisation and the digital revolution, have led to an increasingly individualistic relationship between workers and employers, which in turn has weakened labour movements and worker representation. However, this process is not universal, including in some countries of Asia, where trade unions are closely aligned with the interests of the dominant political party and the state. This book considers the many challenges facing trade unions and worker representation in a wide range of Asian countries. For each country, full background is given on how trade unions and other forms of worker representation have arisen. Key questions then considered include the challenges facing trade unions and worker representation in each country, the extent to which these are a result of global or local developments and the actions being taken by trade unions and worker representative bodies to cope with the challenges. This book is dedicated to the memory of Professor Keith Thurley, London School of Economics.
Labour and social security law studies have addressed the topic of the decline of the standard employment relationship mainly from the point of view of the growing number of atypical relationships. Only a limited number of studies have examined the issue from the perspective of the differentiation between core and contingent work. Such an examination is necessary as the increase in contingent work leads to complicated legal questions which vary between European states depending on the type of contingent arrangements that have become most prevalent. This book analyses, using a comparative approach, these different types of contingency from a national and EU perspective touching on the work relationship from a labour as well as a social security point of view. The aim of the book is to identify and analyse those questions adopting an innovative approach and to put forward proposals for safeguarding social cohesion within undertakings and European society.
From the Master and Servant legislation to the Factories Acts of the 19th century, the criminal law has always had a vital yet normatively complex role in the regulation of work relations. Even in its earliest forms, it operated both as a tool to repress collective organizations and enforce labour discipline, while policing the worst excesses of industrial capitalism. Recently, governments have begun to rediscover criminal law as a regulatory tool in a diverse set of areas related to labour law: 'modern slavery', penalizing irregular migrants, licensing regimes for labour market intermediaries, wage theft, supporting the enforcement of general labour standards, new forms of hybrid preventive...
This book provides thoughtful insights into the development in work, organisations and employment relations in the last 50 years. In a semi-autobiographical approach, the author reflects on important contributions by other scholars, practitioners, and policy makers to work and employment relations. The book covers a variety of themes which have been the subject of research undertaken by the author over his career and explores these themes over a period of time with examples drawn from various countries. It also emphasises that countries and regions cannot be understood in isolation from each other. The author seeks to convey the importance of crossing disciplinary boundaries in the social sciences in order to interpret changes in work, organisations and employment relations. Drawing on the author’s rich experience and research, the book is engaging and accessible to anyone who wishes to learn more about the rapidly changing workplace and employment relations.
This book is a unique exploration into the gendered politics of the economic crisis in Europe. It focuses, firstly, on the changes in the political and economic decision-making institutions and processes of the EU and their consequences for gender equality policy. Secondly, the book analyses the gendered impacts of austerity politics on member states’ gender equality policies, institutions, regimes, and debates. Finally, it addresses feminist and intersectional struggles and resistances against neoliberal, conservative and racist politics across Europe. The authors consider the gendered politics of the economic crisis from a variety of feminist approaches, shedding new light on the concept of the crisis and on questions of politics, institutions and intersectionality. The case studies included refer to different parts of Europe, from North to South and from East to West, capturing the multifaceted gendered impacts of the crisis. The volume will be of interest to students and scholars of politics, international relations, gender studies, economics, law, sociology, social policy, and European studies.
This book explores the normative and legal evolution of the Social Dimension - labour law, social security law and family law - in both the EU and its Member States, during the last decade. It does this from a wide range of theoretical and legal-substantive perspectives. The past decade has witnessed the entering into force of the Lisbon Treaty and its emphasis on fundamental rights, a new coordination regulation within the field of social security (Regulation 883/2004/EC), and the case law of the Court of Justice of the European Union in the so-called Laval Quartet. Furthermore structural changes affecting demographics and family have also challenged solidarity in new ways. The book is orga...
For reasons of effectiveness, efficiency and equity, Australian law reform should be planned carefully. Academics can and should take the lead in this process. This book collects over 50 discrete law reform recommendations, encapsulated in short, digestible essays written by leading Australian scholars. It emerges from a major conference held at The Australian National University in 2016, which featured intensive discussion among participants from government, practice and the academy. The book is intended to serve as a national focal point for Australian legal innovation. It is divided into six main parts: commercial and corporate law, criminal law and evidence, environmental law, private law, public law, and legal practice and legal education. In addition, Indigenous perspectives on law reform are embedded throughout each part. This collective work—the first of its kind—will be of value to policy makers, media, law reform agencies, academics, practitioners and the judiciary. It provides a bird’s eye view of the current state and the future of law reform in Australia.