Comparative Labor & Employment Law: Treatises

The Oxford Handbook of Comparative Law provides a wide-ranging authoritative account and critical assessment of comparative law at the beginning of the twenty-first century, a key discipline for the development of law worldwide. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.

Economic pressure and corporate policies, both transnational and domestic, have placed labor law under severe stress. National responses are so deeply embedded in institutions reflecting local traditions that meaningful comparison is daunting. This book assembles a team of experts from many countries, drawing on a rich variety of comparative methods to capture changes in different countries and regions, emerging trends and national divergences.

Comparativism is no longer a purely academic exercise but has increasingly become an urgent necessity for industrial relations and legal practitioners, due to the growth of multinational enterprises and the impact of international and regional organizations aspiring to harmonize rules. The growing need for comprehensive, up-to-date, and readily available information on labour law and industrial relations in different countries led to the publication of the International Encyclopaedia for Labour Law and Industrial Relations, in which almost 100 international and national monographs have thus far been published. This book, Comparative Labour Law and Industrial Relations in Industrialized Market Economies, goes further than the Encyclopaedia inasmuch as most of the chapters provide comparative and integrated thematic treatment. The aim is to describe the salient characteristics and trends in labour law and industrial relations in the contemporary world.

Labor law is no longer a subject of purely domestic significance. The comparative study of labor law systems has been an important field of law for many decades, but now, as production becomes increasingly global, issues of comparative labor law arise with a new urgency. The papers in this volume explore all facets of comparative work in the labor law field, addressing questions such as, what was the purpose of engaging in the study of comparative labor law in the past, and what is the purpose of such an inquiry today? Are national labor law systems converging in the face of the increasing globalization of production in recent decades? How are different countries responding to current challenges to their domestic labor law regimes, challenges such as the advent of new flexible models of production, an increase in immigration, and domestic participation in transnational trading blocs? Labor law scholars from eight countries, spanning several generations, met at the UCLA School of Law in the fall of 2005 to consider these and other questions. The papers in this volume present the ideas exchanged and invite yet further reflection on the goals, purposes, possibilities and pitfalls of comparative work in the labor law field.

The human rights enunciated in Articles 23 and 24 of the UDHR concern aspects of rights related to work. This part of international human rights law is often neglected in human rights textbooks and teaching, and indeed is often omitted from the work done by national human rights institutes and by NGOs concerned with human rights, as though it were a separate discipline that did not fall properly into the human rights field. This volume addresses this commonly held, but erroneous, misconception.

Employment relationship : a general introduction / Giuseppe Casale
Employment relationship : a comparative analysis of national judicial approaches / Nicola Countouris
Subordination, parasubordination and self-employment : a comparative overview in selected countries in Latin America and the Caribbean / Eduardo J. Ameglio and Humberto Villasmil
Subordination, parasubordination and self employment : a comparative study of selected African countries / Paul Benjamin (assisted by Urmilla Bhoola)
Subordinate, autonomous and economically dependent work : a comparative analysis of selected European countries / Adalberto Perulli
Legal regulation of the employment relationship in the Asia-Pacific region / Giuseppe Casale, Nicola Countouris, Colin Fenwick, Soo Tian Lee and joanna Mascarenhas
Protecting workers in a changing workworld : the growth of precarious employment in Canada, the United States and Mexico / Jeffrey Sack, Emma Phillips and Hugo Leal-Neri.

This insightful book incorporates perspectives from several disciplines to provide a unique systematic analysis of emerging public and private initiatives in global labor rights governance. The expert contributors explore the complexities of labor rights governance in a global economy characterized by transnational supply chains. They assess how transnational, intergovernmental and private initiatives aim to address the challenges of global labor rights protection before discussing the effectiveness of these initiatives and presenting new empirical findings. The book concludes with a detailed reflection on how to strengthen the global regime of labor rights governance.

The book provides helpful, practical guidance to international corporate lawyers who confront labor and employment problems in structuring corporate transactions. The focus of the book is on practical issues and the contributors are leading labor lawyers in numerous important jurisdictions.

'Supiot's basic theme - that European labour law must wake up to the transformation in work patterns wrought by rapid economic, social and technological change - leads him to a set of intriguing conclusions... a useful contribution to the debate on how society should go about regulating work in the early 21st Century.' -Financial Adviser'Suited to students interested in labour law and employment in Europe.' -European Access Plus'A valuable comparative study of labour law in the main European countries.' -management abstractThis book is the English edition of what has become widely known as 'The Supiot Report' - a bold and far-reaching look at the changing nature of work, employment and labour institutions, and systems of regulation and welfare. The author places recent developments in their economic, social, institutional, and legal contexts, and draws upon illustrations from a number of European countries.

The Changing Face of European Labour Law and Social Policy presents some of the papers given at a series of colloquia sponsored by the Employment Law Research Unit at the University of Warwick in early 2002.

Available in Practical Law through Westlaw Next.

Available in Practical Law through Westlaw Next.

European Labour Law explores how individual European national legal systems, in symbiosis with the European Union, produce a transnational labour law system that is distinct and genuinely European in character. Professor Brian Bercusson describes the evolution of this system, its national, transnational and global contexts and its institutional and substantive structures. The collective industrial-relations dimension of employment is examined, and the labour law of the EU as manifested in, for example, European works councils is analysed. Important subjects which have traditionally received little attention in some European labour law systems are covered, for example, the fragmentation of the workforce into atypical forms of employment. Attention is also given to the enforcement of European labour law through administrative or judicial mechanisms and the European social dialogue at intersectoral and sectoral levels. This new edition has been extensively updated, as the EU's influence on this area of social policy continues to grow.

The book explores the subjectÕs major policy themes, examines the various procedures by which EU labour law is made, and analyses key topics such as worker migration, equality, working time and procedures for workersÕ participation in employersÕ decision-

This timely book provides a distinctively broad-based approach to EU employment law, covering related social policy and anti-discrimination measures, as well as a detailed overview of how policy and law are made. It derives from a section in the looseleaf Law of the EU (Vaughan & Robertson, eds), and is made available here in a revised and expanded form for the benefit of those who don't subscribe to the looseleaf. It analyses in detail EU legislation and case law in the areas of collective and individual employment rights, including redundancies, transfers of undertakings, working time, part-time and fixed term and temporary employment. The author further considers the important provisions and case-law concerning equality of treatment on the basis of gender, race, age, disability and religion. EU Social and Employment Law offers essential expertise in this increasingly important and fast changing area of European law.

In recent years new or experimental approaches to governance in the EU, namely the Open Method of Coordination (OMC), have attracted great interest and controversy. This book examines the European Employment Strategy (EES) and its implementation through the OMC, exploring the promises and limitations of the EES for EU social law and policy and for the safeguard of social rights. This significant and timely work offers new insights and fresh perspectives into the operation of New Governance and its relationship with both European and national law and constitutionalism. This book will be of great interest to academics, researchers and postgraduate students working in European law - specifically in the field of EU employment law and gender equalitynbsp;- and European governance studies in general.

There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. Theculmination of a collaborative project on "Migrants at Work" funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labourrights and how the regulation of migration increasingly impacts upon employment and labour relations. Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour supply and demand overworker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labour law. Chapters cover the labour laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migrationlaw reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impacton labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-levelperspectives. Written by leading scholars of labour law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.