Essential Labour Law Vol 2

This is the most comprehensive collection of primary source materials in the labour law and social policy of the European Community ever brought together. With documents and decisions reflecting the state of play at 1st June 2002, it includes: key legislative instruments in EC labour law and social policy; significant associated policy documents produced by the Commission; and important relevant decisions of the European Court of Justice. Since the first edition of this work in 1999, the pace of social policy change and innovation at the level of the European Community has increased dramatically. Indeed, developments during the past three years are little short of remarkable, with particularly important advances in relation to the promotion of information, consultation and participation for workers, along with growing concern for several much broader social policy issues. Recognition of the changes in emphasis and scale for European social policy, and the presence of substantially more material to be included, have caused this edition of the work to be divided into two volumes. Volume I covers social dialogue, industrial relations and labour law, while Volume II is concerned with a wide range of material touching "dignity at work" in the European Community. The arrangement of the material in two self-contained volumes also reflects a division of convenience. Thus, those whose main focus is upon the "labour law" aspects of European social policy may choose to utilise primarily the material contained in the first volume, while those who wish to concentrate more particularly upon fundamental social rights, equal opportunities, anti-discrimination, and dignity at work might wish to take advantage of the framework presented in the second volume. Advocates, judges, policy-makers, scholars and students will all appreciate this essential sourcebook in EC labour law and social policy.

There is growing interest in trying to understand and rethink the goals of labour law in light of changing realities in the labour market and regulation. Responding to such fundamental questions as: What is labour law for? How can it be justified? And on what should reforms be based? this book challenges the way we think about labour law.

This is the most comprehensive collection of primary source materials in the labour law and social policy of the European Community ever brought together. With documents and decisions reflecting the state of play at 1st June 2002, it includes: key legislative instruments in EC labour law and social policy; significant associated policy documents produced by the Commission; and important relevant decisions of the European Court of Justice. Since the first edition of this work in 1999, the pace of social policy change and innovation at the level of the European Community has increased dramatically. Indeed, developments during the past three years are little short of remarkable, with particularly important advances in relation to the promotion of information, consultation and participation for workers, along with growing concern for several much broader social policy issues. Recognition of the changes in emphasis and scale for European social policy, and the presence of substantially more material to be included, have caused this edition of the work to be divided into two volumes. Volume I covers social dialogue, industrial relations and labour law, while Volume II is concerned with a wide range of material touching 'dignity at work' in the European Community. The arrangement of the material in two self-contained volumes also reflects a division of convenience. Thus, those whose main focus is upon the 'labour law' aspects of European social policy may choose to utilise primarily the material contained in the first volume, while those who wish to concentrate more particularly upon fundamental social rights, equal opportunities, anti-discrimination, and dignity at work might wish to take advantage of the framework presented in the second volume. Advocates, judges, policy-makers, scholars and students will all appreciate this essential sourcebook in EC labour law and social policy.

While legislation protecting employees exists in most advanced countries, the notion of who actually is an employee has become unstable. Moreover, the decentralization of traditional collective bargaining is clearly under way everywhere, and the all-important balance between workers' security and employers' flexibility continues to change radically, either retreating toward individual statutory rights or seeking new forms of employee representation. Labour Law in Motion reprints sixteen reports originally submitted to the seventh Comparative Labor Law Seminar (Tokyo Seminar) sponsored by the Japan Institute for Labour Policy and Training in March 2004. Eleven expert authors describe the situation in their respective countries with regard to issues such as the following:criteria used to determine whether a person is an employee;what categories of non-employee exist, and what measure of statutory protection is afforded to such persons;variations in the concept of employee among labour law, tax law, and social security law;regulation of terms and conditions of employment; the forms and legal nature of employee representation;current trends in deregulation or `re-regulation' of labour laws;mechanisms permitting deviation from legal norms; and,the manner and extent of labour law intervention in the labour market. All eleven authors emphasize recent and ongoing changes in their countries' labour laws and evaluate the factors that have contributed to such changes. Each author concludes that reform of traditional labour laws is indeed necessary. However, the book as a whole clearly demonstrates that the content of such reform differs from country to country, particularly in the extent to which labour law entrusts the regulation of working conditions to the market. Offering as it does a clear and concise summary of the recent and current experience of labour relations in eight major industrialized countries, Labour Law in Motion is an essential resource for professionals and officials engaged in any aspect of labour law or regulation in any country.