International and Comparative Labour Law: Current Challenges
By: Arturo S. Bronstein (author)Paperback
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This is an impressive and topical work which will interest students, practitioners and academics of comparative labour law, providing a deep and penetrating global analysis of the law. This work: contains rigorous referencing to real-world empirical data and research, making this an invaluable and reliable account of global employment law and policy; considers legal developments in their true context, ensuring that societal, economic and cultural factors are taken into account when considering the labour market; and, is written with a firm grasp of the underlying human rights at play in labour law, showing the progress that has been made globally in recent decades, and considering that which is still to be made. This is a stimulating, authoritative account of international employment law written by a leading figure who for many years has shaped global policy, striving to implement fairer working conditions worldwide. We are expertly guided though the context and development of labour law, making this book ideal for study or research.
ARTURO BRONSTEIN specializes in international and comparative labour law. In recent years he provided advice on the revision of the Labour Law in several countries of Central Europe, such as (then) Serbia-Montenegro, Bosnia-Herzegovina, Romania, Ukraine, Slovakia and the territory of Kosovo. He also advised in 2001 the government of Cambodia, on the adoption of rules on enterprise level collective bargaining and collective disputes arbitration. He has authored many publications in the field of labour law and labour relations. Having served at the ILO for 21 years, culminating in an appointment to Senior Labour Policy Advisor, Arturo Bronstein, has been influential in putting in place labour standards internationally. He left the ILO in November 2005, and since retiring has been lecturing on international and comparative labour law at the universities of Buenos Aires (Argentina), York (Ontario, Canada) and Paris X-Nanterre (France). He is the current Secretary General of the International Society for Labour and Social Security Law: http://www.asociacion.org.ar/ISLLSS
PART I: LABOUR LAW AT A CROSSROADS Labour Law's Origins and Influences Sources of Labour Law The Labour Maw model From 1945 to 1975 The Standard Employment Relationship Worldwide Changes and the Emergence of a New Work Paradigm Stagflation and the Labour Flexibility Debate International Competition Technological Change and the Emergence of Post-Fordist Organizational Patterns The End of the Cold War Current Crises in Labour Law PART II: WHO IS PROTECTED BY LABOUR LAW? Labour Law and the Informal Economy Towards a Legal Definition of the Informal Economy Policy Issues Atypical Work: From Rejection to Integration in Labour Law Dependent-independent Workers and the Defocusing of the Employment Relationship Disguised Employment Relationships Decentralization of Production and its Impact on Labour and Employment Relations Challenges That Decentralization of Production Poses for Labour Law PART III: SECURITY OF EMPLOYMENT Unfair Dismissal An Increasing Number of Exceptions ... That do not Reverse the Rule Limitations on the Abuse of Fixed-term Employment Contracts Remedies Against Unfair Dismissal PART IV: GLOBAL TRADE AND LABOUR LAW Is Substandard Labour a Legitimate Comparative Advantage? Strategies to Address the Relationship Between International Trade and Labour Rights International and Supranational Rules Harmonization The Social Clause: From WTO to ILO The ILO Declaration on Fundamental Principles and Rights at Work, 1998 Labour-related Provisions in Multilateral and Bilateral Trade Agreements Unilateral Social Clauses: The Generalized System of Preferences Corporate Social Responsibility (CSR) PART V: LEGAL SUBORDINATION AND THE FUNDAMENTAL RIGHTS OF THE PERSON Gender Discrimination Equal Pay Exceptions to the Equal Pay Rule Equal Treatment of Men and Women Access to Certain Jobs Pregnancy Night Work, Underground Work and Other Jobs Prohibited for Women Race Discrimination Religious Belief Other Kinds of Discrimination Family Responsibilities Sexual Harassment Sexual Orientation Age Disability State of Health and HIV/AIDS Affirmative (or positive) Action Protection of Privacy Video and Telephone Surveillance Freedom of Thought and Expression PART VI: REGIONAL PERSPECTIVES The European Union and the Emergence of Supranational Law The Impact of Recent ECJ Rulings on Labour Relations in the European Union Labour Law in Former Communist Countries Latin America Asia and the Pacific South Africa PART VII: FINAL REMARKS
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